A restraining order isn’t only used to prevent and protect against physical abuse and stalking. A “financial restricting” order, on the other hand, is employed in divorce situations.
While the first kind of restraining order that most of us would think about protects our health and safety, this other sort of protective order focuses on finances and helps to preserve a couple’s family assets ahead of time.
A legal restraining order in Ontario is used to safeguard financial assets from being misused, squandered, or hidden during a divorce. It’s only a limited financial restraining order, however, and is intended to last throughout the divorce process.
To obtain a restraining order in Ontario, file a court petition. They are likely to give one that will provide your spouse with the sense of security that the other person won’t purposefully misappropriate or redirect money in an effort to restrict your rights.
What Is A Restraining Order And What Does It Prevent Divorcing Spouses From Doing?
In a divorce, the court will generally grant a restraining order if there are a lot of assets. That said, any income level can apply for a temporary financial restraint order in Ontario and profit from it.
There are a plethora of things that a restraining order prevents spouses from doing. It aids in the maintenance of an up to date picture of the other spouse’s finances, from closing bank accounts to transferring money and financial assets into hidden accounts.
protection order will also prevent excessive spending on non-essentials, the purposeful damaging of goods, the handing out of money or assets to family and friends, and the sale of costly assets such as real estate, automobiles, and other items.
It will also prevent the other spouse from changing the beneficiaries on life insurance and health insurance policies, ensuring that you can keep these benefits if a divorce isn’t reached and a court agreement is created.
A protective order in this capacity is a legal measure you may take to guarantee that your ex-spouse does not withhold financial information from the court.
When Do You Need To Request A Financial Restraining Order?
Divorce can inspire a spouse to act maliciously and pliable. If your husband or wife has a history of or is currently displaying behaviors that might be characterized as vengeful or manipulative in connection with money, you should seek a financial restraining order.
Using money as a tool to control your actions, hiding bank accounts or assets from you if they have lied about their income or secreted funds if they’ve established new bank accounts without your knowledge, if they’ve understated business revenue or devalued assets, or if they’ve tried to get you kicked off joint bank accounts without your permission are all examples from the past or present that may be considered red flags. These might all be interpreted as indications for seeking a restraining order.
There are several other actions to look out for that might indicate you should request a restraining order. If they have damaged marital property on purpose. If you’ve learned them spending money on a drug addiction or affair. If they’re lending money or property to family and friends. If they’re making changes to their estate planning papers without your consent. These are all indicators that your spouse is attempting to keep parts of their financial assets from you
Getting Legal Advice in Ontario
Divorce has long-term financial effects on both sides. It is a procedure that necessitates close analysis on both ends to guarantee that your rights are protected. A divorce lawyer in Ontario can certainly aid you with protecting your rights and financial interests. Keep in mind that if you don’t safeguard your assets during a marital breakup in Ontario, no one else will. If your spouse wants to take the law into their own hands, you’ll need legal counsel on your side to know how to proceed.
If you’re considering getting a divorce and think a financial restraining order is in your best interests, keep in mind that it applies to both sides. An order also prohibits you from making identical financial transactions, subjecting you to the same restrictions and limitations. This isn’t to say that you can’t use a joint financial account to buy groceries and pay monthly utility bills. Any non-ordinary spending, on the other hand, will almost certainly be examined and subjected to the same standards of conduct as your spouse.
If you’re not sure where to start in how to get a restraining order in Ontario or how to safeguard your assets during a divorce, talk with an attorney. You will not regret consulting with someone who has considerable expertise dealing with divorces and offering you guidance based on your goals for the process. It all begins with a free, confidential consultation. You may discuss the entire specifics of your divorce and get advise on what the next actions are. To discover more about divorce lawyers, connect with one today.