Could monetary conditions include payment of mortgage, utilities or legal fees?
A Queen’s Bench protection order can order the respondent to repay the claimant for monetary losses, which must be suffered as a direct result of the family violence. The Act sets out a list (which is not exhaustive) of things which may be considered as monetary losses. This includes legal expenses and accommodation expenses. Payment of mortgage and utilities would not likely be considered a monetary loss. It should be noted that it is in both parties’ interest to ensure the mortgage on the family home is paid, thus preventing foreclosure. Depending on the circumstances, a claimant may be able to apply for interim maintenance if a divorce action or application for judicial separation has been filed. However, this Act does not deal with maintenance issues. 15. Are same sex couples excluded from the definition of a family? The definition of family member includes relatives living in the same household, and it may be possible that some of these relatives are homosexual. The Act does not,
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