Breaching a Restraining Order in Ontario: Consequences and What Happens Next

A family law restraining order is not a suggestion. When a judge issues one, both parties are expected to treat its terms as mandatory — and the law backs that up with serious teeth. Breaching a restraining order in Ontario is a criminal offence, not merely a civil matter, and the consequences can include arrest, prosecution, and imprisonment.

This article explains what happens when a restraining order is breached, what victims should do, and what respondents face if they violate an order.

If someone is violating a restraining order right now and you are in danger, call 911 immediately.

Why a Restraining Order Breach Is a Criminal Matter

Family law restraining orders are made under civil family law statutes — the Family Law Act, the Children's Law Reform Act, or the Divorce Act. However, breach of the order is governed by the Criminal Code of Canada. This means that once the order is served on the respondent and they violate it, the matter crosses from family court into the criminal justice system.

Police are empowered to arrest the respondent without a warrant if they have reasonable grounds to believe a breach has occurred. The respondent can be held in custody pending a bail hearing, and they may face conditions at bail that are even more restrictive than the original restraining order.

What Counts as a Breach?

A breach occurs when the respondent does anything prohibited by the terms of the order. Common examples include:

• Direct contact — calling, texting, emailing, or messaging the protected person.
• Indirect contact — asking a mutual friend, family member, or acquaintance to pass along a message.
• Proximity violations — coming within the restricted distance of the applicant's home, workplace, or children's school.
• Social media contact — following, liking, sending a direct message, or tagging the protected person.
• Appearing at a restricted location — even without making contact.

Even well-intentioned contact — for example, texting to ask about picking up belongings or to discuss the children — counts as a breach if the order prohibits contact without exceptions.

Criminal Consequences for the Respondent

Arrest

Police can and do arrest respondents for restraining order breaches. This can happen even if the breach seems minor to the respondent (e.g., a single text message).

Bail Hearing

After arrest, the respondent appears before a justice of the peace for a bail hearing. The Crown may seek detention (no release) or agree to release on conditions. Conditions imposed at bail may include:

• Stricter no-contact terms.
• House arrest or curfew.
• Electronic monitoring.
• Surrender of passport.

Criminal Charges

Breaches of restraining orders made under the Family Law Act or the Divorce Act are offences under the Criminal Code. As of writing, the maximum penalties include significant jail time — verify current penalties with a criminal lawyer.

Impact on Family Court Proceedings

A criminal breach conviction — or even a charge — can have devastating effects on the respondent's position in the family court file. Judges take domestic safety very seriously. A breach can affect:

• Decision-making responsibility and parenting time — a judge may reduce or suspend the respondent's parenting time.
• Credibility — a respondent who breached an order is likely to be viewed unfavourably in any contested matter.
• Future protection orders — courts are more likely to issue or extend restraining orders if there is a pattern of non-compliance.

What the Protected Person Should Do After a Breach

1. Call 911 If You Are in Danger

Your safety comes first. If the respondent is present or you believe harm is imminent, call emergency services immediately.

2. Document the Breach

As soon as it is safe to do so, record:

• What happened, when, and where.
• Screenshots of any messages or social media contact.
• Names of any witnesses.
• Photos if relevant.

3. Report to Police

Even if you are not in immediate danger, report the breach to police and provide them with a copy of the restraining order. Give them your documentation. Ask for an occurrence or report number.

4. Contact Your Lawyer

Let your family lawyer know a breach occurred. This may be relevant to an upcoming family court hearing. The breach may strengthen your position if you are seeking to make the order final, extend its duration, or change parenting arrangements.

5. Consider Requesting Stronger Terms

If the existing order has not been enough to deter contact, you can bring a motion to vary the order — for example, to impose more restrictive conditions or expand the geographic buffer zones.

What If the Protected Person Agrees to the Contact?

The protected person cannot give permission that overrides the court order. If the protected person invites contact, the respondent still violates the order by complying. Both parties should be cautious — the protected person may not face criminal consequences, but the respondent can still be charged. The order can only be changed by the court.

Frequently asked questions