Restraining Orders in Ontario: A Complete Guide to Protecting Yourself and Your Family

What is a Restraining Order?

A restraining order is a legal tool designed to protect individuals who fear for their safety due to another person’s actions. The process of obtaining a restraining order depends on the specific circumstances of the case and typically involves bringing a court application or motion. Many individuals file both an application and a motion simultaneously, as the application process can be lengthy and a motion allows for an interim decision before a full trial.

Who Can Apply for a Restraining Order?

A restraining order is obtained through family court in Ontario. Generally, you can apply for a restraining order against an individual if at least one of the following conditions applies:

• You were married to the person.
• You lived together with the person for any period of time.
• You have a child with the person.

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 consider seeking a peace bond through criminal court, which can be issued against anyone regardless of the nature of your relationship with them.

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.

Importance of a Safety Plan

Since obtaining a court order can take time, individuals should consider implementing a safety plan while awaiting a decision. During this period, the person against whom the order is sought is not legally required to stay away. Developing a safety plan can help ensure personal security and that of any children involved.

A family law case begins by filing an application, which should outline all the orders being requested. If additional family law matters, such as divorce, child support, or property division, need to be addressed, they should be included in the application. The applicant initiates the case, while the other party is referred to as the respondent. The legal process follows strict procedural rules outlined in the Family Law Rules.

Family Courts in Ontario

Three different courts handle family law matters in Ontario:

• Family Court branch of the Superior Court of Justice
• Superior Court of Justice
• Ontario Court of Justice

Any of these courts can issue a restraining order, but the appropriate court depends on the nature of the case. The Ontario Court of Justice, for example, does not handle divorces or property division. Typically, cases involving decision-making responsibility or parenting time should be filed in the court located in the municipality where the child resides.

If uncertain about which court to approach, individuals can contact their local family courthouse or the Victim Support Line for guidance. Court forms required for the application are available in both English and French.

The Process of Obtaining a Restraining Order

To be granted a restraining order, you must demonstrate reasonable grounds to fear for your safety or the safety of a child for whom you have decision-making responsibility. Decision-making responsibility, formerly known as custody, refers to the legal authority to make important decisions for a child.

The process involves attending court and providing evidence, which may include oral testimony and sworn affidavits. The other party typically has the opportunity to present their own evidence. A judge evaluates the evidence before determining whether to issue a restraining order and for how long.

Legal assistance can be beneficial in navigating the process, determining the appropriate conditions for the restraining order, and ensuring the application is completed correctly. For individuals who cannot afford a lawyer, legal aid and other support resources are available.

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

To request a restraining order, individuals must complete Form 8: Application, which outlines the specific requests being made to the court. This form should detail:

• The full names of the applicant, respondent, and any protected individuals.
• The reasons for seeking the restraining order.
• Specific conditions requested, such as restrictions on contact or access to certain locations.

Additionally, applicants must complete a Canadian Police Information Centre (CPIC) Restraining Order Information Form, which includes details about the respondent, such as aliases and legal names. This form helps law enforcement agencies enforce the order if granted.

If the situation is urgent, you may file a motion for an emergency order without notifying the respondent (motion without notice).

Step 3: Serving Documents and Court Fees

Once the application is filed, the respondent must be served with a copy of the documents to inform them of the case. Proper service is crucial, as the case cannot proceed until this step is completed. Applicants have six months to serve the respondent; failure to do so may result in the court closing the file.

In Ontario, the Ontario Court of Justice does not charge court fees, but the Superior Court of Justice and Family Court branch of the Superior Court of Justice require fees such as:

• $214 to file an application.
• $214 to file an application that includes a divorce.

Fee waivers are available for individuals who cannot afford these costs.

Step 4: The Court Process and Evidence Presentation

After being served, the respondent has 30 days to respond (or 60 days if residing outside Canada or the U.S.). Most cases require multiple court dates before reaching trial. If an urgent restraining order is needed, an applicant can file a motion alongside the application to request a quicker decision.

To support the case, applicants should document:

• Instances of threats, harassment, or harm.
• Property damage caused by the respondent.
• Witnesses who can testify to the respondent’s behavior.

During the hearing, the judge will assess all evidence before deciding on whether to grant the restraining order. If issued, the court staff prepares the order and provides copies to both the applicant and the police.

Enforcement and Compliance

Applicants should keep a certified copy of the restraining order at all times. If the respondent violates the order, law enforcement may arrest and charge them. This could result in criminal proceedings in addition to the family court case.

If applicable, copies of the restraining order should also be given to relevant individuals, such as a child’s school personnel, to ensure enforcement. Courts consider violations of restraining orders when making decisions about family law matters, such as decision-making responsibility and parenting arrangements.

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.

Duration and Termination of a Restraining Order

Restraining orders may be temporary or final. A final restraining order usually remains in effect until a specified date or until modified by a judge. If circumstances change, either party may request a court review of the order.

Understanding the legal process and requirements for obtaining a restraining order is essential for individuals seeking protection. By following proper legal procedures and securing legal assistance where possible, applicants can better navigate the court system and ensure their safety.

Checklist: What to Do Before Applying for a Restraining Order

• ☐ Ensure you meet the criteria for applying for a restraining order in Ontario (married, lived together, or have a child with the person).
• ☐ If you don’t meet the criteria, consider seeking a peace bond through criminal court.
• ☐ Develop a safety plan to ensure personal security and that of any children involved while awaiting a court decision.
• ☐ Gather evidence to demonstrate reasonable grounds to fear for your safety, including:
  • ☐ 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.
• ☐ Determine the appropriate family court in Ontario (Family Court branch of the Superior Court of Justice, Superior Court of Justice, or Ontario Court of Justice).
• ☐ If uncertain about the court, contact your local family courthouse or the Victim Support Line.
• ☐ Understand the court fees associated with filing an application, and explore fee waiver options if necessary.
• ☐ Familiarize yourself with the court forms required, specifically Form 8: Application and the Canadian Police Information Centre (CPIC) Restraining Order Information Form.

Legal Support

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.

Resources

• 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.
• Government of Ontario: Learn how to apply for a restraining order.
• Family Law Rules Forms: All family law forms can be found here.

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, or call: 416-948-5757 for expert legal guidance.