- A restraining order in the family law context is a court order that restricts or prohibits specific behaviour by a respondent — typically a spouse, former spouse, or the other parent of…
- A family law restraining order can: - Prohibit contact — no phone calls, texts, emails, social media messages, or contact through third parties.
- You can apply for a family law restraining order if you: 1.
If you are afraid of a current or former partner — or of another family member — a restraining order in family law may be one of the most important tools available to you. These court orders can legally prohibit someone from contacting you, coming near your home or workplace, or communicating with your children. Understanding how restraining orders work in Ontario family law is the first step toward protecting yourself.
If you are in immediate danger right now, please call 911.
What Is a Family Law Restraining Order?
A restraining order in the family law context is a court order that restricts or prohibits specific behaviour by a respondent — typically a spouse, former spouse, or the other parent of your children. It is different from a criminal peace bond (discussed below) because it is issued by the Ontario Superior Court of Justice (Family Court branch) or the Ontario Court of Justice under civil family law legislation, not by a criminal court.
The two main statutes that authorize family court restraining orders are:
- The Family Law Act (FLA) — available to spouses (married or unmarried), former spouses, and people who have had a child together or have cohabited.
- The Children's Law Reform Act (CLRA) — available in proceedings involving decision-making responsibility or parenting time.
Both Acts empower a judge to make an order restraining the respondent from molesting, annoying, or harassing the applicant or children named in the order.
What Can a Restraining Order Actually Do?
A family law restraining order can:
- Prohibit contact — no phone calls, texts, emails, social media messages, or contact through third parties.
- Create a geographic buffer — keep the respondent away from your home, your workplace, your children's school or daycare.
- Restrict communication with the children — require any parenting communication to go through a parenting app or a third party.
- Include specific conditions tailored to your situation.
A restraining order does not automatically give you exclusive possession of the matrimonial home or change parenting arrangements — those are separate orders you may need to seek at the same time.
Who Can Apply?
You can apply for a family law restraining order if you:
- Are or were a spouse (married or common-law) of the respondent.
- Have lived together with the respondent in a conjugal relationship.
- Are involved in a parenting dispute involving the respondent under the CLRA or the Divorce Act.
Adult children, siblings, or other relatives may have access to different protective remedies — speak with a lawyer about your specific situation.
How to Get a Restraining Order in Ontario
Step 1 — File the Application
You file at the Ontario Court of Justice or the Superior Court of Justice (Family Court). You will need to complete court forms that describe:
- Your relationship with the respondent.
- The history of conduct you are trying to stop.
- Why you need protection.
Step 2 — Seek an Urgent (Without-Notice) Order If Needed
If you are in immediate danger, you can ask the court to hear your motion without notice to the other party. This is sometimes called an ex parte motion. A judge can grant a temporary restraining order on the same day, based on your sworn evidence, before the respondent even knows you have applied.
This is an exceptional remedy — the judge will look at the urgency and the risk of harm. You must go back to court within a short time so the respondent can respond.
Step 3 — Serve the Respondent
Once a temporary order is granted, it must be served on the respondent so they know its terms. Violating the order before service is difficult to enforce, so proper service is critical.
Step 4 — Return Date Hearing
At the return date, the respondent can oppose the order or consent to it. The judge will decide whether to make the restraining order final (often for a fixed term or indefinitely) based on the evidence from both sides.
How Long Does It Last?
A restraining order can be made for a fixed period or on an indefinite basis. If your circumstances change — or if the respondent's do — either party can return to court to vary or terminate the order.
What Happens If the Order Is Breached?
Breach of a family law restraining order is a criminal offence under the Criminal Code. Police can arrest the respondent without a warrant. Penalties can include fines and imprisonment. This is why it is critical that the respondent be properly served.
Keep a copy of the order with you and share copies with your workplace, your children's school, and anyone else who should know about it.
Frequently asked questions
Can I get a restraining order if I was never married?
Yes. The Family Law Act and Children's Law Reform Act both apply to common-law partners and to people who share a child, regardless of marital status.
Will a restraining order affect our parenting arrangement?
Not automatically. A restraining order restricts contact and conduct, but a separate order is needed to change decision-making responsibility or parenting time. Often both issues are dealt with in the same court proceeding.
Can the restraining order be changed later?
Yes. Either party can bring a motion to vary or terminate the order if there has been a material change in circumstances. Courts do not make changes lightly — you would need to show something significant has changed.
Does the police have to help me enforce it?
Yes. Once a restraining order is issued and served, police have authority to enforce it. Provide them with a copy. Many people also register their order with local police to make enforcement faster.
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