What is a Restraining Order?
A restraining order is a court order designed to protect individuals from threats, harassment, or abuse. Issued by an Ontario court, this order can restrict an individual (the “respondent”) from contacting or approaching the applicant (the “protected person”).
Who Can Apply for a Restraining Order?
You can apply for a restraining order in Ontario if:
- You were or are married to the respondent.
- You lived together (cohabited) in a common-law relationship.
- You share a child with the respondent.
What if you don’t meet these criteria?
If you fear for your safety but don’t qualify under Ontario’s Family Law Act, you may still request a peace bond under the Criminal Code of Canada.
Types of Restraining Orders in Ontario
Temporary Restraining Order:
- Provides immediate protection for a specific period of time.
- Issued when there is an urgent risk to safety.
- Can be granted without notice (the respondent is not notified beforehand).
Final Restraining Order:
- Issued after a court hearing, where both parties present evidence.
- Can remain in effect permanently or for a set duration.
- Includes specific conditions the respondent must follow.
How to Apply for a Restraining Order in Ontario
Step 1: Gather Evidence
To strengthen your application for a restraining order, you need to demonstrate that you have reasonable grounds to fear for your safety. Helpful evidence includes:
- Police reports documenting prior incidents.
- Threatening messages (texts, emails, voicemails).
- Witness statements from family, friends, or neighbors.
- Medical records if injuries occurred due to violence.
Step 2: File an Application with the Ontario Court
Visit your local family court and complete:
Form 8 – Application (General)
Affidavit (Form 35.1) – Sworn statement detailing why protection is needed.
📝 If the situation is urgent, you may file a motion for an emergency order without notifying the respondent (motion without notice).
Step 3: Serve the Respondent
- The respondent must receive a copy of the restraining order application.
- This is usually done by a process server or another person over the age of 18.
- If granted, the restraining order must be kept with you at all times for quick enforcement.
Step 4: Attend the Court Hearing
- Both parties present their case before a judge.
- The judge reviews the evidence and decides whether to grant a temporary or final restraining order.
- If approved, the court order will specify the conditions the respondent must follow.
What Happens If a Restraining Order is Violated?
💡 Violating a restraining order is a crime under Section 127 of the Criminal Code of Canada. If the respondent disobeys the order:
- Call 911 immediately.
- The respondent may face arrest, fines, or jail time.
- A court can extend or modify the restraining order based on the violation.
Legal Support and Free Resources
Where Can You Get Help?
If you need assistance, there are free and low-cost legal services available:
🏛 Ontario Family Courts: Handle restraining order applications.
📞 Legal Aid Ontario: Provides legal representation for eligible applicants.
🏠 Shelters & Support Services: Help for victims of domestic violence.
Checklist: What to Do Before Applying for a Restraining Order
Final Thoughts: Your Safety is the Priority
Restraining orders protect individuals and their families from harassment, threats, or violence. Understanding the process and your rights can help you take the necessary steps toward safety and legal protection.
📞 Need legal help? Contact Progressive Legal Solutions today for expert legal guidance.