If you are in immediate danger, call 911. For confidential, 24-hour support, the Assaulted Women’s Helpline is available at 1-866-863-0511. Fem’aide provides French-language support at 1-877-336-2433.
If you are afraid that a current or former partner may harm you or your children, you may be able to seek a restraining order through the Ontario family court system.
A restraining order can restrict another person’s ability to contact you, approach you, or attend certain locations. Understanding how these orders work, who can apply, and what to do if an order is breached can help you make informed decisions about your safety.
What Is a Restraining Order?
A restraining order is a court order that places restrictions on a person’s behaviour to help protect another person or a child.
Depending on the circumstances, an Ontario family court may order a person to:
- Avoid contacting or communicating with you or a child, directly or indirectly
- Stay a specified distance away from you or certain locations
- Avoid attending your home, workplace, or other specified places
- Comply with other conditions the court considers appropriate
The exact conditions depend on the circumstances and the protection required. Clear, specific terms can help everyone understand what conduct is prohibited.
Under section 46 of Ontario’s Family Law Act, a court may make an interim or final restraining order where the applicant has reasonable grounds to fear for their own safety or the safety of a child in their lawful custody.
Who Can Apply for a Restraining Order?
Eligibility depends on your relationship with the person you are seeking protection from and the legislation that applies.
Under Ontario’s Family Law Act, a restraining order may generally be sought against:
- A current or former spouse
- A person you are currently living with or have lived with, even if you were not married
Depending on the circumstances, a restraining order may also be available under other legislation, including the Children’s Law Reform Act, where the applicant has a child with the person they are seeking protection from.
If you are afraid of someone who does not meet the eligibility requirements for a family-law restraining order, a peace bond may be an alternative. A peace bond is a criminal court order that can impose conditions on a person you reasonably fear may cause harm. It can be sought against someone regardless of whether you have a family or intimate relationship with them.
What Types of Orders Are Available?
Interim and Final Restraining Orders
A family court can make an interim restraining order while a case is ongoing or a final restraining order after considering the matter. An interim order may provide protection while the court process continues.
The duration and conditions of an order depend on what the court decides is appropriate. There is no single timeline that applies to every application.
Orders Made Without Notice
In certain circumstances, a court may make an order without giving the other person advance notice of the application. These are often referred to as without-notice or ex parte orders.
This is an exceptional procedure, and the court must be satisfied that the circumstances justify proceeding without notice. The applicant must provide evidence supporting the request.
An order made without notice does not necessarily resolve the matter permanently. The court may schedule a further hearing so the other person can respond and the court can determine the next steps.
Other No-Contact Conditions
A court may also impose no-contact or other protective conditions in different types of proceedings, including certain family law or criminal proceedings. These conditions are not all the same as a restraining order, and the legal consequences of breaching them depend on the type of order and the applicable law.
What Does the Court Consider?
The court considers the evidence and whether the legal requirements for the requested order have been met.
You do not necessarily need to have experienced physical violence to seek protection. Depending on the circumstances, threats, harassment, stalking, or other conduct may be relevant to whether you have reasonable grounds to fear for your safety.
If it is safe to do so, consider keeping records that may help explain your concerns, such as:
- A dated record of threatening or unwanted contact
- Text messages, emails, voicemails, or social media messages
- Photographs or medical records relating to incidents
- Records of property damage or threats
- Names of potential witnesses
- Copies of relevant police reports or previous court orders
Store this information somewhere the other person cannot easily access it. Do not put yourself at risk to collect evidence.
How Do You Apply for a Restraining Order?
The process depends on the circumstances, the type of order requested, and whether you are already involved in a family court case.
Generally, the process may involve the following steps.
1. Determine which court process applies.
You may need to apply through the family court system. The appropriate process and forms depend on the legal basis for the application and whether you are seeking other family law orders.
2. Prepare your application and supporting evidence.
An application may require forms such as Form 8, Application (General), and supporting affidavit materials. An urgent or without-notice request may require additional forms. The exact documents depend on the circumstances and applicable court rules.
3. File your documents and follow the court’s directions.
The court will determine how the application proceeds. Some matters require a hearing, and urgent applications may follow a different process from ordinary applications.
4. Follow any directions about service and future appearances.
If an order is granted, make sure you understand its conditions, when it takes effect, and whether another court date is scheduled.
You do not necessarily need a lawyer to apply. However, legal assistance can be helpful when preparing evidence, requesting urgent protection, or addressing related parenting and family law issues.
What Should You Do After an Order Is Granted?
A restraining order is an important legal protection, but it should not be treated as a substitute for a broader safety plan.
Consider the following steps:
- Keep a copy of the order in a safe and accessible place.
- Read the conditions carefully so you understand what is prohibited and whether any exceptions apply.
- Consider sharing a copy with relevant people, such as your child’s school, if the order affects school pickup or contact.
- Seek advice about how the order affects parenting arrangements, exchanges, or communication about your children.
- Contact police or a support service if you are concerned about your safety.
Do not assume that an order permits or prohibits conduct beyond what it actually says. If you are unsure how a condition applies, seek legal advice rather than trying to interpret it on your own.
What Happens If a Restraining Order Is Breached?
Failing to comply with a restraining order can have criminal consequences. Under section 127 of the Criminal Code, disobeying a lawful court order may constitute an offence where the statutory requirements are met and no other specific punishment or procedure applies.
If you believe the order has been breached:
- Call 911 if you are in immediate danger.
- Contact police to report the suspected breach.
- Keep records of what happened, where safe to do so.
- Follow your safety plan and seek support if you need somewhere safe to go.
Police and the court will determine the appropriate response based on the order, the available evidence, and the circumstances.
Where Can You Find Support?
If you are experiencing abuse or are concerned about your safety, confidential support services may be able to help you explore your options.
- Domestic Abuse and Sexual Assault (DASA): 905-883-1212 ext. 0 and ask for the DASA nurse on call to be contacted for you
- Assaulted Women’s Helpline: 1-866-863-0511 — 24-hour support in Ontario.
- Fem’aide: 1-877-336-2433 — 24-hour French-language support.
- Legal Aid Ontario: 1-800-668-8258 — information about legal aid eligibility and available services.
- Victim Support Line: 1-888-579-2888, or 416-314-2447 in the Greater Toronto Area.
- Barbra Schlifer Commemorative Clinic: Support services for women who have experienced violence.
If you are unsure whether you need a restraining order or a peace bond, a lawyer or a support worker may help you understand the options available in your circumstances.
Frequently Asked Questions
Not necessarily. The court considers whether the legal requirements are met, including whether you have reasonable grounds to fear for your safety or the safety of a child in your lawful custody. The circumstances and available evidence matter.
A restraining order under the Family Law Act generally requires a qualifying relationship, such as being spouses or having lived together. Other legislation may apply in some circumstances, including where you have a child with the person. A peace bond may be an option if the family-law requirements are not met.
There is no single timeline. The process depends on the court, the urgency of the situation, the documents required, and whether a hearing is necessary. A court may consider a without-notice application in appropriate circumstances.
If you are in immediate danger, call 911. Otherwise, contact police to report the suspected breach and follow your safety plan. Keep a record of what happened if you can do so safely.
If you are unsure whether you need a restraining order or a peace bond, a lawyer or a support worker may help you understand the options available in your circumstances.
This article provides general information only and is not intended to be legal advice. The outcome of any matter depends on its specific facts and circumstances.
