Restraining Orders in Ontario Family Court: How to Apply

If you are afraid of a former partner, you may want a court order that sets clear limits on contact. In Ontario, a family court may make an interim or final restraining order where the applicant has reasonable grounds to fear for their own safety or a child's safety. Which route fits you depends on your relationship and your circumstances.

This article explains how a restraining order under the Family Law Act works, who it can be made against, what it can say and which forms are involved. If you are in immediate danger, get to safety and contact the police first, and deal with the paperwork afterward.

When the court can make a restraining order

Under s. 46(1) and (2) of the Family Law Act, as now in force, the court may make an interim or final restraining order if the applicant has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody.

The test is about reasonable grounds, so evidence matters. Think about messages, voicemails, emails, photos, police occurrence numbers, and the names of anyone who saw what happened.

Details of how the process works can differ between courthouses and regions, and the law and court forms can change over time. Confirm the current wording with a lawyer or the court before you rely on this article.

Who the order can be made against

A Family Law Act order may be made against a spouse or former spouse, or against a person who is cohabiting or has cohabited with the applicant for any period of time.

If you were never married to or lived with the person, and the matter involves parenting, Children's Law Reform Act s. 35 lets the court make an interim or final restraining order against any person if the applicant has reasonable grounds to fear for their own safety or that of a child. Which Act applies to you depends on your relationship and your case, so check this early.

What a restraining order can say

A restraining order may stop the respondent from directly or indirectly contacting or communicating with the applicant, or from coming within a set distance of specified places. The order may also include any other provision the court considers appropriate.

• No direct contact, and no contact through friends, relatives or social media.
• Staying away from your home, workplace or a child's school or daycare.
• Any other terms the judge thinks fit, which are shaped by your evidence and the order requested.

Specific distances and places are set by the judge in each order. Ask for what you actually need and describe it clearly, because a precise order is easier for police to enforce.

How to apply and what about urgency

To apply for a restraining order, you start a case with Form 8 (Application (General)). For an urgent temporary order, use Form 14 (Notice of Motion) and Form 14A (Affidavit). You can get the CPIC Restraining Order Information Form at the family court counter.

Normally no motion may be heard before a case conference, but that rule does not apply if the court finds a situation of urgency or hardship. A motion without notice is also allowed in some cases, including where there is immediate danger to the health or safety of a child or the moving party and the delay of serving notice would probably have serious consequences.

An order made without notice must require the matter to come back to court, to the same judge if possible, within 14 days or on a date the court chooses. It must be served immediately on all affected parties. If the judge decides notice was needed, the party who moved may have to pay the other side's costs.

What to do next

• Make a safety plan, and contact the police right away if you are in immediate danger.
• Collect and save your evidence, with dates, and keep copies somewhere the other person cannot reach.
• If you are a victim of domestic violence, ask the court about a Family Court Support Worker, who can explain the process, help you prepare, help with safety planning and go to court with you when appropriate.
• Contact a Family Law Information Centre for information and referrals, remembering its coordinators do not give legal advice.
• At a family courthouse, duty counsel may be able to review your forms and explain the law. Availability varies, so check with the court office.
• Once an order is in place, keep a copy with you and call the police if it is breached.

Because the choice between a family court order, a criminal process and other protections depends on your facts, speaking with a lawyer before filing is a good idea.

Frequently asked questions