How Do You Get a Restraining Order in Ontario? A Step-by-Step Legal Guide
If you are experiencing harassment, stalking, threats, domestic violence, or fear for your personal safety, obtaining a restraining order in Ontario may help protect you and your children. Ontario law provides legal options for people who need protection from a current or former spouse, intimate partner, or another person in circumstances covered by the applicable legislation.
Understanding how to get a restraining order in Ontario is important because the application process, required evidence, court forms, and legal requirements can vary depending on your relationship with the other person and the urgency of the situation.
At Saggi Law Firm, we understand that family violence and ongoing harassment can create serious emotional, physical, and legal challenges. Understanding your rights and taking the appropriate legal steps can help you seek protection through the Ontario court system.
This guide explains who can apply for a restraining order, how to prepare an application, what evidence you need, what happens at court, and how a lawyer can help you navigate the process.
What Is a Restraining Order in Ontario?
A restraining order is a court order that restricts another person’s ability to contact, approach, follow, or communicate with you. It is intended to help protect individuals who have reasonable grounds to fear for their personal safety or the safety of their children.
In Ontario, family-law restraining orders are generally governed by Section 46 of the Family Law Act.
Depending on the circumstances, a restraining order may include conditions such as:
Prohibiting direct or indirect contact.
Preventing the other person from visiting your home.
Restricting contact at your workplace or children’s school.
Requiring the person to remain a specified distance away.
Preventing harassment, intimidation, threats, or stalking.
Establishing restrictions intended to protect children.
A restraining order can provide important legal protection, but it does not automatically resolve every family-law issue, such as parenting arrangements, child support, or property disputes.
Who Can Apply for a Restraining Order in Ontario?
One of the first questions people ask is whether they qualify for a restraining order.
Under Section 46 of Ontario’s Family Law Act, a person may generally apply if they are a spouse or former spouse, have cohabited with the other person, or have a child with that person, provided the statutory safety requirements are met.
You may be eligible to apply for a spouse restraining order or ex-partner restraining order if:
Your spouse or former spouse has threatened or physically harmed you.
Your former partner repeatedly follows or harasses you.
You experience emotional abuse, psychological abuse, or intimidation.
Your partner engages in coercive or controlling behaviour.
You have reasonable grounds to fear for your personal safety or the safety of your children.
What Situations May Justify a Restraining Order?
Circumstances that may support an application include:
Domestic violence: Physical abuse, threats, intimidation, or other abusive conduct within an intimate relationship.
Harassment and stalking: Repeated unwanted communication, following, monitoring, or approaching someone.
Emotional and psychological abuse: Behaviour that causes fear, distress, intimidation, or concerns about personal safety.
Threats: Statements or actions that create reasonable concerns about potential physical harm.
Family violence: Conduct that threatens the safety or well-being of a family member.
The court considers the circumstances and available evidence rather than automatically granting an order because someone makes an allegation.
How Do You Get a Restraining Order in Ontario? Step-by-Step Process
The Ontario restraining order application process involves preparing court documents, providing supporting evidence, filing your application, and attending court when required.
Here are the main steps.
Step 1: Find the Appropriate Family Court
Start by identifying the appropriate family courthouse near you. Generally, you can choose a court in the municipality where you or the other party lives.
If your application also involves parenting arrangements, the location where your children live may be relevant.
Ontario family court locations and filing procedures can differ, so check the court’s requirements before submitting your documents.
Step 2: Complete the Required Ontario Family Court Forms
If you have not already started a family court case, you will generally need to complete:
Form 8 – Application (General): Starts your family court case and explains the orders you are requesting.
Form 14 – Notice of Motion: Used when requesting a temporary restraining order through a motion.
Form 14A – Affidavit (General): Provides your sworn or affirmed evidence supporting the application or motion.
Form 10 – Answer: A blank copy is generally served on the responding party so they can respond to your application.
Form 14C – Confirmation: Confirms your attendance for an applicable scheduled hearing.
You may also need a Continuing Record and the CPIC Restraining Order Information Form. The latter helps ensure that information about an issued restraining order is provided to police.
Not every application requires every form. The documents depend on whether you are starting a case, bringing a motion, or responding to an existing proceeding.
Step 3: Prepare Your Supporting Evidence
Evidence is an important part of a restraining order application. The judge needs sufficient information to understand why you are concerned about your safety.
Your evidence may include:
Text messages containing threats or harassment.
Emails and social media communications.
Photographs of injuries or property damage.
Police reports and incident numbers.
Medical records, where relevant.
Witness statements.
Records of repeated unwanted visits or calls.
A timeline of incidents involving physical or emotional abuse.
Your affidavit should explain what happened, when it happened, who was involved, and why you fear for your safety or your children’s safety.
Avoid exaggerating allegations or including unsupported claims. Clear, accurate, and organized evidence can help the court assess your application.
Step 4: File Your Application With the Court
After completing the necessary documents, submit them to the appropriate family court.
Depending on your location and circumstances, you may be able to file documents in person or electronically.
Ontario provides online filing options through:
Family Submissions Online for eligible regions outside Toronto.
Ontario Courts Public Portal for Toronto family court filings.
Family Law Guided Pathways to help prepare court forms.
You should check the current filing requirements, as online submission does not automatically mean that your documents have been accepted by the court.
Step 5: Serve the Other Person
In most cases, the respondent must receive the court documents so they know about the application and have an opportunity to respond.
This process is called serving court documents.
You may arrange for an eligible person or process server in Ontario to deliver the documents according to the applicable court rules. You generally cannot personally serve the documents yourself.
After service, you may need to complete Form 6B – Affidavit of Service to confirm that the documents were delivered correctly.
There are exceptions for certain urgent motions without notice, where the court may first consider the request before the other person is served.
Step 6: Attend the Restraining Order Hearing
Once your matter is scheduled, attend the hearing and explain your concerns to the family court judge.
The judge may consider:
Your affidavit and supporting documents.
The respondent’s answer and evidence.
The nature and seriousness of the alleged conduct.
Your safety concerns and those involving your children.
Whether the requested restrictions are appropriate.
If the legal requirements are satisfied, the judge may grant an interim or final restraining order with conditions suited to the circumstances.
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Can You Get an Emergency or Urgent Restraining Order in Ontario?
Yes. If you believe that you or your children are at immediate risk, you may be able to request an urgent restraining order through a temporary motion.
An urgent application can be particularly important when there are serious threats, escalating domestic violence, or an immediate risk of harm.
What Is a Temporary Restraining Order?
An interim restraining order provides protection while the family court case is ongoing. It may establish restrictions on communication, contact, or physical proximity until the court makes a further decision.
Can You Get a Restraining Order Without Notice?
In certain circumstances, you can request a motion without notice, sometimes called an ex parte motion.
Ontario recognizes circumstances where this may be appropriate, including:
You cannot locate the other person.
There is an immediate danger of harm to you or your children.
Giving advance notice could have serious consequences.
A judge decides whether the circumstances justify proceeding without notice. If an order is granted, the other person will generally be served afterward and may have an opportunity to respond.
If you are in immediate danger, contact police or emergency services rather than waiting for a family court hearing.
What Conditions Can a Restraining Order Include?
The conditions depend on the circumstances and the protection required.
A family court judge may order:
| Restriction | What it means |
|---|---|
| No-contact order | No direct or indirect communication. |
| Stay-away order | The respondent must remain away from specified locations. |
| Distance restrictions | The respondent must maintain a specified distance. |
| Workplace protection | Restrictions on approaching your workplace. |
| Home protection | Restrictions on attending your residence. |
| School protection | Restrictions intended to protect children at school. |
| Communication restrictions | Limits on calls, messages, emails, or other contact. |
A judge can also establish appropriate exceptions, such as communication necessary for specific parenting arrangements, where justified.
How Long Does It Take to Get a Restraining Order in Ontario?
There is no single timeline for every application.
An urgent motion may be considered more quickly than a regular family court application, depending on the seriousness of the circumstances, court availability, and whether the request is made with or without notice.
A regular application may take longer because it can involve document preparation, service, responses, court appearances, and a hearing.
Similarly, restraining order duration depends on the wording of the order and the court’s decision. An interim order generally remains subject to further court proceedings, while a final order continues according to its terms unless changed or terminated by the court.
How Much Does a Restraining Order Cost in Ontario?
The cost depends on how you pursue the application.
You may have expenses relating to:
Legal representation.
Document preparation.
Process server fees.
Applicable court filing fees.
Additional family court proceedings.
If you cannot afford legal representation, you may qualify for assistance through Legal Aid Ontario. People experiencing family violence may also be eligible for additional emergency legal assistance.
You can contact Legal Aid Ontario at 1-800-668-8258 to ask about eligibility.
Restraining Order vs. Peace Bond in Ontario: What’s the Difference?
A restraining order and a peace bond are different legal protections.
| Restraining order | Peace bond |
|---|---|
| Generally obtained through family court. | Obtained through the criminal justice system. |
| Governed by family law legislation. | Governed by Criminal Code Section 810 and related provisions. |
| Generally applies to qualifying spouses, former spouses, and people who have lived together. | May be available against someone outside a family or intimate relationship. |
| Can restrict contact and proximity. | Can impose conditions intended to prevent harm or protect property. |
If you do not meet the eligibility requirements for a family-law restraining order, a peace bond may be an alternative worth discussing with a lawyer.
Not every peace bond application is automatically granted; the applicable legal requirements must be met.
What Happens If Someone Violates a Restraining Order?
A restraining order is legally enforceable. If the respondent ignores its conditions, such as contacting you, following you, or attending a prohibited location, they may be committing a criminal offence.
If someone breaches a restraining order:
Contact the police and explain what happened.
Provide a copy of the restraining order.
Share relevant evidence, including messages, photographs, or witness information.
Record the date, time, and details of the incident.
Follow police instructions and seek legal advice about additional protection.
A breach can have criminal consequences, including potential charges. Police can investigate reported violations and take appropriate enforcement action.
Can You Change, Extend, or Cancel a Restraining Order?
Yes. Depending on the circumstances, you may be able to ask the court to change, extend, or terminate an existing restraining order.
For example, you might request a change if:
Your safety concerns have increased.
You need additional distance restrictions.
Your children require further protection.
Your circumstances have changed significantly.
You believe the existing conditions are no longer necessary.
You should not assume that an informal agreement with the other person changes the court order. Only an appropriate court decision can legally modify or terminate its conditions.
Do You Need a Family Law Lawyer in Ontario?
You are not legally required to hire a lawyer to apply for a restraining order. However, professional legal guidance can make a significant difference, particularly when the case involves domestic violence, children, complicated family circumstances, or urgent protection needs.
A family law lawyer can help you:
Understand your eligibility under Section 46 of the Family Law Act.
Prepare your application and supporting affidavit.
Identify and organize relevant evidence.
Request an urgent or interim restraining order.
Understand the requirements for serving court documents.
Represent you during family court proceedings.
Respond to challenges or objections from the other party.
Seek changes to an existing restraining order.
If you are unsure about your legal options, consulting a domestic violence lawyer or family law lawyer can help you understand the appropriate steps.
How Saggi Law Firm Can Help With a Restraining Order in Ontario
Dealing with harassment, threats, stalking, or family violence can be overwhelming. You may be concerned about your personal safety, your children, or what could happen if the other person continues their behaviour.
At Saggi Law Firm, we recognize the importance of protecting your legal rights and understanding the available remedies under Ontario law.
Our legal team can help you understand the restraining order application process, assess your circumstances, prepare relevant court documents, and navigate family court proceedings.
Whether you need advice about an urgent restraining order, an application against an ex-partner, or enforcement of an existing order, obtaining appropriate legal guidance can help you make informed decisions.
Contact Saggi Law Firm to discuss your circumstances and understand your available legal options. Taking timely legal advice can be an important step towards protecting yourself and your family.
Frequently Asked Questions About Restraining Orders in Ontario
1. How do you get a restraining order in Ontario?
You generally need to file an application with the appropriate family court, provide supporting evidence, complete the required court forms, serve the other person, and attend the necessary court proceedings. An urgent motion may be available if immediate protection is needed.
2. Can I get a restraining order against my ex-boyfriend or ex-girlfriend?
You may qualify if you previously lived together as a couple or meet another applicable eligibility requirement under Ontario law. The court must also be satisfied that the legal requirements for protection are met.
3. What evidence is needed for a restraining order?
Evidence may include threatening text messages, emails, photographs, police reports, witness statements, medical documentation, and records of harassment or abusive incidents.
4. Can police issue a restraining order in Ontario?
Police do not independently issue family-law restraining orders. These orders are made by a court. However, police can respond to immediate safety concerns, investigate criminal conduct, and enforce applicable court orders.
5. Can I get a restraining order without going to court?
You generally need a court to issue a family-law restraining order. However, certain urgent applications may be considered without advance notice to the other person.
6. How long does a restraining order last?
The duration depends on the terms of the order. An interim order generally applies while the matter is being considered, whereas a final order continues according to the conditions established by the judge.
7. What happens if someone breaches a restraining order?
Violating a restraining order can constitute a criminal offence. You should report the breach to police and provide evidence of the violation.
8. Can I get a restraining order involving my children?
Yes. Section 46 of the Family Law Act allows an eligible applicant to seek protection for themselves or a child in their lawful custody. The court can consider appropriate restrictions to protect children’s safety.
9. What if I cannot afford a family law lawyer?
You may qualify for assistance through Legal Aid Ontario. You can also explore duty counsel, Family Court Support Workers, and limited-scope legal services.
10. What if I cannot get a family restraining order?
A peace bond under Section 810 of the Criminal Code may be an alternative, depending on your circumstances and whether the legal requirements are satisfied.
