Toronto Law

Tasmin21

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I obviously fail at google-fu.

I need to know if there is a set time limit for restraining orders in Toronto, or if the length of each order is decided on a case-by-case basis. Help?
 

jennontheisland

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hm. I can't help with the acutal info, but maybe if you expand your search to the province you might get some provincial legal sites. I don't think these things are governed at a municpal level.
 

Tasmin21

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Hmm, that actually did provide a bit more information.

Sadly, it looks like a restraining order is not the legal thingy-ma-bob I need. That only applies to partners/ex-partners.

Looks like maybe what I need for my story is a peace bond, which looks like it has a duration of 12-months. That'd work, I think.

Scenario is that my MC is a psychic who works with the RCMP on occasion, but one of the corporals is noted for pushing a psychic beyond all rational limits, usually resulting in mental/physical harm. Mostly to be petty, she (my MC) got an order against him the last time, but when he turns up on her doorstep again, she realizes the stupid thing expired.
 

jennontheisland

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Hm. A restraining order against a federal police officer? That's gonna be a tough sell to any judge.

I think peace bonds are like bail bonds aren't they? (Really, I'm asking you cause I have no idea) There has to be a way to have some kind of restraining order that doesn't involve domestic partners. What about people fired from work and not allowed near the building...that would be a restraining order, wouldn't it?

Also, though there may be RCs in the city, TO will have it's own police force for municipal issues. At the provincial level there is the OPP. To have the RCs involved you'd have to be dealing with federal cases.
 

Tasmin21

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In the world I'm working with, the RCMP has a special unit to be liasons with psychics (which are more common and accepted than in reality), which is how they get involved. And I've also created an activist group (think the ACLU for psychics) that might be able to put some clout behind getting a protective order against a federal officer like that.

As I read it, a peace bond is like a restraining order without the criminal charges. It's more a "if you kids can't play nice, just stay away from each other" kinda thing.
 

KTC

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suspension of disbelief...I wouldn't even question this if reading it. I would believe that she had a restaining order and that it expired. Does it have to be factual? Can't you bend the truth?
 

jennontheisland

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Neato! All makes sense.

Have you tried a small town RCMP community liason for details? They're more likely to be helpful than one in the big city.
 

Tasmin21

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I wouldn't even question this if reading it.

This actually means a lot, KTC, thank you. Being an American, I want to set this book in/around Toronto, but I don't want Canadians feeling like I just tried to make Canada look like U.S. North, y'know? That's mostly what's behind my insane accuracy urges. (and trust me, it's probably going to get worse before it gets better)
 

IceCreamEmpress

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I'd put in a bit of effort to get it right, because current or ex-RCMP and other law enforcement folks are likely to read your book. In my experience, if you get anything about police procedures wrong, you get (mostly pleasant) mail pointing out in detail where you slipped up.

On edit: This seems like a helpful resource--it's an overview of criminal harassment laws and remedies.
 
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SLThomas

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Peace bond, mostly one year.

Did put a restraining order on a stalker ex. when I lived in TO, but the first one was only for a month. He broke it 4X. I had to move back to my home province. Oh, and the police arrested him after the second break. It's a fairly big city with lots of disgruntled exes it seems (that's what the officer in charge of my case told me) so they rarely arrest the offender after the firt time he breaks it.

Restraining orders don't work on most stalkers and psychos anyways...
 
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