Can a restraining order be obtained without notifying the other party first?
Yes, in genuinely urgent situations. Ontario family courts can grant a temporary restraining order on a "without notice" basis — meaning the other party isn't told the motion is happening beforehand — where giving notice would itself create a risk to someone's safety, or where the situation is urgent enough that waiting to serve the other party could cause real harm. This is treated as an exception to the normal rule that the other side gets notice and a chance to respond, not a routine option.
An order made this way is temporary: the other party is served afterward and typically gets an early opportunity to come back to court and respond, at which point the judge decides whether the order should continue, be changed, or be set aside. Because without-notice orders are a significant departure from the usual process, courts expect the person asking for one to be candid about all the relevant facts, including anything that might favour the other side. Anyone considering this route should get legal advice on what evidence a court will expect to see before proceeding.
Key takeaways
- A restraining order can be granted without notifying the other party in genuinely urgent situations.
- This without-notice route is treated as an exception, not the default process.
- The other party is served afterward and can ask the court to review the order.
- Full and candid disclosure of the facts is expected when asking for a without-notice order.