Can a common-law partner get a restraining order or emergency protection in Ontario?
Yes. Common-law partners have the same access to protective orders as married spouses under Ontario law. The Family Law Act allows either party in a qualifying relationship to apply for a restraining order, and the threshold for cohabitation is met if the parties have lived together.
The Children's Law Reform Act also allows courts to make restraining orders in proceedings involving children. In emergencies, police can lay criminal charges and a court can impose conditions as part of bail that restrict contact. These protections are available immediately and do not require proof of a formal legal relationship status.
For longer-term protection, you can apply for a restraining order in the Family Court. The court will consider whether there are reasonable grounds to believe you need protection from harm. You do not need to wait for criminal charges to be laid to seek a civil restraining order. If you are in immediate danger, call 911. If you need to plan a safe exit, organizations like Peel region's Victim Services or Legal Aid Ontario can provide help and connect you with a duty counsel lawyer at the courthouse without charge.
Key takeaways
- Common-law partners can apply for restraining orders under the Family Law Act.
- Emergency criminal bail conditions can restrict contact immediately if charges are laid.
- Civil restraining orders are available in Family Court and are independent of criminal proceedings.
- Call 911 in immediate danger; Legal Aid and duty counsel are available for urgent situations.