Acts and Regulations

2020, c.23 - Family Law Act

Section 7
Disposition versions

Full text
Duties of the Court
7(1)In this section, “civil protection order” means a civil order that is made to protect a person’s safety, including an order that prohibits a person from
(a) being in physical proximity to a specified person or following a specified person from place to place,
(b) contacting or communicating with a specified person, either directly or indirectly,
(c) attending at or being within a certain distance of a specified place or location,
(d) engaging in harassing or threatening conduct directed at a specified person,
(e) occupying a marital home or a residence, or
(f) engaging in family violence.
7(2)Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, in a proceeding under this Act and in relation to any party to that proceeding, the Court has a duty to consider whether any of the following are pending or in effect:
(a) a civil protection order or a proceeding in relation to such an order;
(b) a child protection order, proceeding, agreement or measure; or
(c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.
7(3)In order to carry out the duty under subsection (2), the Court may make inquiries of the parties or review information that is readily available.
Duties of the Court
7(1)In this section, “civil protection order” means a civil order that is made to protect a person’s safety, including an order that prohibits a person from
(a) being in physical proximity to a specified person or following a specified person from place to place,
(b) contacting or communicating with a specified person, either directly or indirectly,
(c) attending at or being within a certain distance of a specified place or location,
(d) engaging in harassing or threatening conduct directed at a specified person,
(e) occupying a marital home or a residence, or
(f) engaging in family violence.
7(2)Unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so, in a proceeding under this Act and in relation to any party to that proceeding, the Court has a duty to consider whether any of the following are pending or in effect:
(a) a civil protection order or a proceeding in relation to such an order;
(b) a child protection order, proceeding, agreement or measure; or
(c) an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature.
7(3)In order to carry out the duty under subsection (2), the Court may make inquiries of the parties or review information that is readily available.