Canadian Law: Injunctions - complete newbie

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Discussion Overview

The discussion revolves around the complexities of dealing with an injunction, particularly in the context of a hypothetical scenario involving a person prohibited from entering their apartment and having contact with their partner. Participants explore the implications of such legal restrictions, the potential for negotiating the dismissal of the injunction, and the appropriate avenues for seeking legal advice.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Meta-discussion

Main Points Raised

  • One participant presents a hypothetical situation involving an interim injunction and questions how one might negotiate its dismissal without violating the terms of the injunction.
  • Another participant expresses skepticism about the suitability of the forum for legal inquiries, emphasizing the need for professional legal advice due to the complexities of legal language and definitions.
  • Several participants agree that only a lawyer can adequately address such legal questions, reinforcing the idea that legal expertise is necessary.
  • Concerns are raised about online legal advice platforms, with one participant criticizing them as scams that do not provide reliable answers.
  • A suggestion is made to consult a criminal law lawyer or consider the matter as a civil issue, depending on the specifics of the case.

Areas of Agreement / Disagreement

Participants generally agree that legal questions regarding injunctions should be directed to qualified lawyers, but there is no consensus on the best approach to resolving the hypothetical situation presented.

Contextual Notes

Participants highlight the ambiguity in legal terminology, such as the meaning of "indirect contact," and the potential for varying interpretations in different cases. There is also uncertainty regarding the jurisdictional aspects of the matter, whether it falls under criminal or civil law.

DaveC426913
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Asking for a friend. Hypothetically.

Say my friend, hypothetically, had an injunction that forbade him from entering his own apartment or having any "direct or indirect contact" with his partner.
Say there's a court date pending in a few weeks.
Let's assume it's an interim injunction.

And let's say the hypothetical processing police officer told my friend that there are ways of getting it dropped, but they're not supposed to tell him that.

The obvious one, I assume, is if the victim decides to "drop the charges" (if that's how it works).

How might my friend negotiate that if he is not even allowed to have indirect contact with his partner? Does that forbid third parties from trying to bridge the gap?

I find lots of stuff online about applying and enforcing an injunction, but not a lot getting one dismissed.
 
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I don't think we are the right platform for such a question. If one I have learned about the science of law, then it is that they use a language of their own, a language which has little to do with logic. Furthermore, "indirect" might mean different things in different cases. I cannot imagine that anyone else but a lawyer can answer such questions.
 
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fresh_42 said:
I cannot imagine that anyone else but a lawyer can answer such questions.
totally agree
 
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fresh_42 said:
I cannot imagine that anyone else but a lawyer can answer such questions.
I hear ya.

Response from my lawyer's office: "He's not that kind of lawyer. He knows absolutely nothing about areas outside his expertise."
 
gleem said:
Look right here for you answer. https://www.justanswer.com/canada-law/
Are you nuts?? :wideeyed: Those 'get your answer here' sites are a total scam.
1. They require your email before you can proceed.
2. They have only one response: 'Sorry, your question cannot be answered here. We will contact you by email'.
3. Then they spam the crap out of you.
 
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DaveC426913 said:
I hear ya.

Response from my lawyer's office: "He's not that kind of lawyer. He knows absolutely nothing about areas outside his expertise."
Ask a criminal law lawyer, if that is what this case could be.
Or, perhaps it is a civil matter ie such as a problem with the share of the rent, which would be under provincial jurisdiction rather than national.
They do practice in particular specialized areas of law, as do most other professions ( ie foot doctor )
 

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