This trial addressed whether a temporary restraining order against the respondent, Mr. Visinoiu, should be made permanent under the Family Law Act and Children's Law Reform Act.
The applicant, Ms. Grosu, alleged a history of physical and verbal abuse and expressed fear for her safety.
The respondent acknowledged one incident of assault but denied others and highlighted his compliance with previous court orders (bail, peace bond, temporary restraining order) and continued unsupervised parenting time with their daughter.
The court applied the objective and subjective test for restraining orders, balancing the applicant's fear against the respondent's compliance and the passage of time since the last incident.
The court found the respondent less credible but ultimately dismissed the application for a permanent restraining order, vacating the temporary order.
The court also declined to vary a previous parenting order.