Can I get a court order for protection from my spouse during separation in Ontario?
Yes. Ontario's legal system has several tools for protecting individuals from a spouse or partner during separation.
Under the Family Law Act, you can apply for an order restraining your spouse from contacting or coming near you, your children, your home, or your workplace. This is a civil order and can be obtained in family court. In urgent situations, you can apply without prior notice to your spouse (called an "ex parte" or urgent motion) and a judge can issue a temporary protection order quickly.
The Children's Law Reform Act also allows for urgent orders if children's safety is at risk, including orders preventing a child from being removed from Ontario.
In situations involving criminal conduct — threats, physical violence, harassment — the police can lay criminal charges. A criminal court can then impose conditions on an accused person's release that prevent contact with the victim. These are separate from civil family court orders, and both can be in effect at the same time.
If you are in immediate danger, contact police. Ontario also has a network of shelters and support services for people leaving abusive relationships. A lawyer can help you understand the civil options and how to pursue them alongside any criminal proceedings.
Key takeaways
- Family court can issue restraining orders prohibiting contact during separation.
- Urgent orders are available without notifying the other party in genuine emergencies.
- Criminal conduct can result in separate police charges and bail conditions.
- In immediate danger, call 911; shelters and support services are available across Ontario.