ATA Law Successfully Helps Our Client Claim Back Her Family Home

When your partner privately obtains a protection order against you and you have been evicted from your own home all of sudden, what will you do?

[A protection order is a court order made by a judge to help protect one person from another. A protection order lists conditions for a named individual to follow that may require that individual to have no contact, or limited contact, with the person being protected or that person’s children and/or family. The conditions may include not going to the protected person’s home or workplace, no phone calls, emails, or letters, and no messages through a friend or relative.  For more information about protection order, please visit the website: Information on Protection Orders – Province of British Columbia (gov.bc.ca)]

Since the protection order is an order obtained without notifying you in advance and the “story” sworn/affirmed by the other party may not be complete or truthful, your lawyer may advise you to set aside or vary the terms of the protection order immediately.   However, depending on each specific case, this advice may not be exactly appropriate.  In our case, our client admitted that domestic violence exits reciprocally, and she has already moved out and settled for a while before meeting us.  ATA Law team did not employ a conventional way of thinking to directly deal with the issue of protection order. Instead, we strategically advised our client to wait for the protection order to expire (in the next two months) while applying for exclusive occupancy order on an urgent basis immediately after the protection order gets expired. 

During the hearing, the issue for exclusive occupancy was adjourned due to the reason that the opposing party needs more time for obtaining a counsel. Nevertheless, the associate judge Robertson ordered the opposing party to pay occupation rent to our client until next hearing and ordered both parties to exchange F8 financial statements prior to the next hearing.  No doubt, the series of orders pronounced by the judge give both parties an urge to keep the ball rolling and conclude the matter as soon as they can.  Through a tactful negotiation with the opposing party, ATA Law team has finally settled the case not only on an interim issue of occupancy but also on a final issue of property division. Our client has eventually claimed her home back peacefully.

As top family law lawyers in Richmond, British Columbia, the ATA Law legal team is highly skilled and experienced in assisting our clients apply for order of exclusive occupancy of family home and resolve issue of property division. Contact Us – ATA Law Corporation