Served With a Restraining Order in Ontario? Here Is What to Do Next

Being served with a restraining order is shocking. You may feel the allegations against you are unfair, exaggerated, or completely false. You may also be cut off from your home, your children, or your daily routine without any prior warning. If you have just been served with a family law restraining order in Ontario, this article explains what the order means, your rights, and the steps you must take immediately.

The single most important rule: read the order carefully and comply with every term from the moment you receive it — even if you believe it is wrong.

What You Are Holding: Understanding the Order

A restraining order served on you will set out specific conditions. Read each one carefully. Common conditions include:

• No contact — no calls, texts, emails, social media, or messages through third parties.
• No communication with named individuals — which may include children, family members, or the applicant's friends.
• Distance restrictions — stay a specified distance from the applicant's home, workplace, or children's school.
• Communication conditions — for example, parenting communication only through a specific app.

The order also has a return date printed on it. That is the date you must appear in court (or your lawyer must appear for you) to respond to the motion.

Do not ignore the return date. If you fail to appear, the judge may make the restraining order final without hearing your side.

The First Rule: Comply Immediately and Completely

Even if you believe the restraining order is based on lies or misunderstandings, violating it is a criminal offence under the Criminal Code. Police can arrest you without a warrant. You could face jail time, fines, and a criminal record. Breach of the order will also significantly harm your position in any ongoing family court proceedings.

This means:

• Do not contact the applicant — even to say you received the order.
• Do not ask mutual friends or family to pass along messages.
• Do not "accidentally" run into the applicant.
• Leave shared spaces such as the home if the order requires it, even immediately.

If you share children with the applicant, carefully read whether the order contains any carve-out for parenting communication or transfers. If parenting is addressed, follow those terms exactly. If you are not sure whether a specific communication is permitted, do not send it until you have spoken to a lawyer.

What You Received May Be Temporary

In many cases, what you are served with is a temporary without-notice restraining order — one that a judge granted based only on the applicant's sworn evidence, without you having had a chance to respond. This is a common and lawful procedure in urgent family matters.

The return date you see on the documents is your opportunity to be heard. At that hearing:

• You can file your own affidavit disputing the facts.
• Your lawyer can cross-examine the applicant on their evidence.
• You can propose alternative conditions — for example, a carve-out for parenting time or a narrower geographic restriction.
• The judge will decide whether to make the restraining order final, change the terms, or dismiss it.

Steps to Take Right Away

1. Read and Re-Read the Order

Understand every restriction. If any term is unclear, err on the side of caution.

2. Speak to a Family Lawyer as Soon as Possible

The return date may be only a few days away. A lawyer needs time to review the documents, take your instructions, prepare an affidavit responding to the allegations, and if necessary file materials before the hearing.

3. Document Your Side of the Story

Write down your account of the events described in the applicant's affidavit. Note:

• Incidents you believe are mischaracterized.
• Context the applicant left out.
• Any witnesses who can corroborate your account.
• Any communications (texts, emails) that contradict the allegations.

Gather these materials and bring them to your lawyer.

4. Do Not Contact the Applicant to "Work Things Out"

This instinct is understandable but dangerous. Any contact — even a gentle, well-meaning text — can result in criminal charges for breach of the order. Negotiations can happen through lawyers.

5. Make Alternative Parenting Arrangements

If the restraining order affects pick-up or drop-off of children, you will need to arrange for a neutral third party or a supervised transfer location until the court addresses the parenting terms.

Can You Challenge the Restraining Order?

Yes. At the return date, you can:

• Oppose the motion — file an affidavit presenting your version of events and challenge the applicant's evidence.
• Cross-examine the applicant on their affidavit (in most cases, you have this right).
• Propose consent terms — for example, agree to an order with narrower restrictions than what was requested.

If the restraining order is made final and you believe it was wrong, you can also bring a motion to vary or terminate the order in the future if circumstances change.

Frequently asked questions