How to Get a Restraining Order in Ontario: A Step-by-Step Guide

If someone is harassing, threatening, or making you fear for your safety, knowing how to get a restraining order in Ontario can feel like finding a lifeline. The family court process has specific steps and paperwork, and it moves faster than many people expect — especially when safety is at risk. This guide walks you through what to expect from start to finish.

If you are in immediate danger right now, please call 911 before doing anything else.

Before You Go to Court: Gather Your Evidence

A judge needs evidence to issue a restraining order. Before you file, write down — or collect — as much of the following as possible:

• A detailed account of the incidents that have frightened you: dates, times, locations, what was said or done.
• Text messages, emails, voicemails, or social media messages that contain threats, harassment, or intimidation.
• Photos of injuries or property damage.
• Names of witnesses — friends, family, neighbours who saw or heard something.
• Any prior police reports or occurrence numbers.
• Records of past proceedings (protection orders, bail conditions, previous family court orders).

You do not need a criminal conviction to get a family law restraining order. What you need is enough sworn evidence to satisfy a judge on the balance of probabilities — meaning it is more likely than not that the conduct happened and that ongoing protection is needed.

Step 1: Choose the Right Court

Family law restraining orders are heard at:

• Ontario Court of Justice — handles most family law matters, including those under the Family Law Act and the Children's Law Reform Act.
• Superior Court of Justice (Family Court branch) — handles divorce and all related issues simultaneously (property, parenting, support). If your situation involves a divorce, file here.

Your lawyer can advise which court is right for your circumstances. In some regions, both courts sit in the same courthouse.

Step 2: Complete the Court Forms

Ontario family court has standardized forms. You will typically need:

• Form 8 (Application) or an existing application if you are already in a family case.
• Form 14B (Motion) if you are bringing a motion within an ongoing case.
• Form 14A (Affidavit) — this is your sworn written statement describing the history of conduct and your need for protection.
• The proposed order form — listing the exact terms you are asking for.

Court staff cannot give you legal advice, but they can tell you which forms to use. Many courthouses also have a Family Law Information Centre (FLIC) where you can get general information.

Getting the affidavit right is critical. It needs to tell a coherent, factual story — not conclusions, but specific incidents — so a judge can assess the risk.

Step 3: Decide — Notice or Without Notice?

If You Need Immediate Protection: Without-Notice (Ex Parte) Motion

If the situation is urgent — you are afraid the respondent will harm you before a hearing can be scheduled — you can ask the court to hear your motion without notifying the other party first. This is called an ex parte motion.

To succeed on a without-notice motion, you must show:

1. Urgency — delay would put you or your children at risk.
2. Why notice cannot be given — either because giving notice would itself create danger, or because the matter is so urgent there is no time.

A judge can grant a temporary restraining order on the same day, sometimes within hours of filing. The order is temporary, and the court will set a return date — usually within a few days — so the respondent can be served and respond.

If the Situation Allows Notice

If there is no immediate risk of harm before a hearing, you can serve the other party with notice of your motion and have a regular motion date scheduled. This gives both parties a chance to file evidence and argue in front of the judge.

Step 4: Appear Before the Judge

On a without-notice motion, you (or your lawyer) will appear before a judge, present the affidavit evidence, and answer any questions the judge has. The judge may grant the temporary order, ask for more information, or adjourn.

If the judge grants the temporary order, you receive a court order that same day.

Step 5: Serve the Respondent

The restraining order must be served on the respondent — they must receive a copy of the order and know its terms before they can be held to it. Typically service is done by a process server or police, not by you personally.

Keep proof of service. It matters if you later have to report a breach.

Step 6: The Return Date

At the return date, the respondent has an opportunity to:

• Consent to the order (sometimes with minor changes).
• Contest the order by filing their own affidavit evidence.

The judge will hear both sides and decide whether to make the restraining order:

• Final — lasting indefinitely or for a set period.
• Varied — adjusted terms from what you originally requested.
• Dismissed — if the judge finds insufficient grounds.

Step 7: Keep Your Order Safe and Accessible

Once you have a restraining order:

• Carry a copy or have it saved on your phone.
• Give a copy to your workplace, your children's school or daycare, and anyone else who should know.
• Register it with local police — many forces have a system to flag your address so officers responding to a call are immediately aware of the order.
• Call 911 immediately if the order is breached. Breach is a criminal offence; police can arrest without a warrant.

Frequently asked questions