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Answered in 3 minutes by:
8/12/2008
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
VerifiedAre you asking if an order can be filed by the wife to prevent her from seeing the husband?
Ok I see a few things being mixed up here so let me clear it up.
1. Wife can not file a restraining order on behalf of her husband unless she has Power of Attorney over him. She has no standing, and the fact it is a breach of the contract of marriage does not apply as heart balm actions are not permitted.
2. If the wife wants to file an order against you for herself she needs cause to do so. Such an order would included NO contact via email, or being in a certain proximity to her. In order to obtain one she needs significant cause.
3. If you are emailing her against her wishes she can have the cause , based on harassment. If she says not to contact her, and you do, that is an element of harassment.
4. It is not your place to inform her of your "rights". Let her talk to a lawyer to find out she has no right to get a restraining order against you. However if you are emailing her against her will, that can give her cause.
Does that clear it up for you?
1. Wife can not file a restraining order on behalf of her husband unless she has Power of Attorney over him. She has no standing, and the fact it is a breach of the contract of marriage does not apply as heart balm actions are not permitted.
2. If the wife wants to file an order against you for herself she needs cause to do so. Such an order would included NO contact via email, or being in a certain proximity to her. In order to obtain one she needs significant cause.
3. If you are emailing her against her wishes she can have the cause , based on harassment. If she says not to contact her, and you do, that is an element of harassment.
4. It is not your place to inform her of your "rights". Let her talk to a lawyer to find out she has no right to get a restraining order against you. However if you are emailing her against her will, that can give her cause.
Does that clear it up for you?
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4,618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
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