- If you are in danger, call 911 or local police immediately, make a safety plan, and try to take any children with you.
- A family court restraining order and a criminal court peace bond are different tools with different rules.
- Married spouses can ask for exclusive possession of the family home, and the court must consider violence when deciding.
If you are afraid of your partner, your first priority is safety, not paperwork. The legal steps below matter, but they come after you are as safe as you can be.
This article gives a general overview of protection options in Ontario. It does not replace a safety plan built with support services or advice on your own situation. If you are in immediate danger, call 911.
Safety first: leaving and planning
If you are in danger, call 911 or local police immediately. Make a safety plan, and if you have children, try to take them with you when you leave.
Legal help may be available sooner than you expect. The Law Society Referral Service offers an initial consultation of up to 30 minutes, and Legal Aid Ontario may provide help. The Victim Support Line is 1-888-579-2888 (416-314-2447 in the GTA).
- Keep a bag ready with identification, medications, keys and some money
- Copy or photograph important documents and store them somewhere safe
- Choose a place you can go, and a person who knows your plan
- Keep a record of incidents, including dates, injuries and messages
- Think about how your phone, email and location settings could be seen by your partner
Peace bond or restraining order?
These two orders are often confused. A restraining order is made in family court. A peace bond is made in criminal court. You may be able to use either, depending on your relationship and what you fear.
| Family restraining order | Peace bond | |
|---|---|---|
| Who can apply | You can apply if you fear for your own or your children's safety and were married to or lived with the person for any period of time, or have a child with them | It can be made against anyone, such as a neighbour or co-worker, where there are reasonable grounds to fear harm |
| What it does | Can limit where the person goes and who they contact, such as keeping a set distance from your home, workplace or child's school | Protects against someone who might hurt you, your intimate partner or your child, damage your property, or share an intimate image of you without consent |
| How long | Ask the court about the terms of your order | Up to one year, and it can be renewed if fear continues |
| If broken | Ask a lawyer or the court how it is enforced | Breaking it can lead to a criminal charge |
A peace bond is applied for at the criminal service counter of the local provincial courthouse.
Getting a restraining order in urgent situations
A restraining order motion can be brought without notice to the other person if you do not know where they are, there is immediate danger to you or your children, or giving notice could have serious consequences. The forms include Form 8 (Application (General)), Form 14 (Notice of Motion) and Form 14A (Affidavit).
Because the forms and process can be hard to complete while in crisis, consider asking a lawyer, legal clinic or support worker to help you. Court forms and phone numbers can change, so confirm the current ones before you rely on them.
The family home and your children
If you are married, you can ask the court for exclusive possession of the family home, even if the home is in your spouse's name. When deciding that application, the court must consider any violence committed by a spouse against the other spouse or the children.
Violence also matters for parenting. Ontario law requires a court to consider any family violence against any member of the family when making orders for parenting time, decision-making responsibility and contact. Under the Divorce Act, the court must consider family violence and its impact, and conduct counts as family violence whether or not it is a criminal offence.
If you need to move with the children and the Divorce Act applies, a person with parenting time or decision-making responsibility who plans to relocate must give notice at least 60 days before the expected move date. Unmarried parents, and married parents who are not seeking a divorce, are dealt with under Ontario's Children's Law Reform Act, so how the notice rules apply to you is worth confirming with a lawyer. Under the Divorce Act, a court can waive or change the notice requirements, including where there is a risk of family violence. Get advice before relying on that exception.
If a child has been taken by a family member, a parent can apply to family court to have the child returned, even if the child was taken out of Ontario. A parenting order or agreement must be in place before decision-making and parenting time can be enforced.
What to do next
- Get to safety first and contact 911 if you are in danger
- Speak with a lawyer, legal clinic or support service about your options
- Decide with advice whether a restraining order or a peace bond fits your situation
- If you are married, ask about exclusive possession of the home
- Keep copies of messages, photos and records of incidents
- Talk to children calmly and avoid putting them in the middle; Kids Help Phone is 1-800-668-6868
Frequently asked questions
Can I get a restraining order if we were never married?
Yes, in some cases. You can apply if you were married to or lived with the person for any period of time, or have a child with them.
How long does a peace bond last?
It can be in place for up to one year and can be renewed if fear continues. Breaking it can lead to a criminal charge.
Can I ask for the family home even if it is in my spouse's name?
If you are married, yes. A married person can ask the court for exclusive possession even if the home is in the other spouse's name, and the court must consider violence against you or the children.
Do I need to give notice if I move away with the children?
Under the Divorce Act, a person with parenting time or decision-making responsibility who plans to relocate must give notice at least 60 days before the expected move date. If you are unmarried or not seeking a divorce, Ontario's Children's Law Reform Act applies instead, so confirm with a lawyer how it applies to you. A court can waive or change the Divorce Act requirements where there is a risk of family violence.
Sources
- Justice Canada – About Divorce and Separation — justice.gc.ca
- Divorce Act, ss. 2(1), 16(3)(j) — Justice Laws (federal)
- Ontario.ca – Talking to children about divorce and separation — ontario.ca
- Justice Canada – Notice of Relocation Form — justice.gc.ca
- Ontario.ca – Child abduction by a family member — ontario.ca
- Ontario.ca – Getting a restraining order — ontario.ca
- Ontario.ca – Getting a peace bond — ontario.ca
- Ontario.ca – Violence in the family — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.