The strength of the evidence in support of the restraining order has to be considered in light of Callon v. Callon,  O.J. No. 3108 (Div’n’l Ct.) which was a motion for leave to appeal an order restraining a party from communicating to third parties about the moving party. The court considered the issue of an interim restraining order under s. 46 of the Family Law Act. In their brief reasons for judgment, the panel stated that the “purpose of Section 46 as it relates to interim orders is to permit both litigants the opportunity to conduct their litigation in as reasoned an atmosphere as may be possible.” In other words, the reason for a restraining order is to provide the litigants with some element of order in the context of difficult and acrimonious litigation. This is particularly important where there is a child involved as in the present case.
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