You can apply for a restraining order at family court if you are concerned about your or your Children’s safety. A Restraining Order is one type of Protection Order. Protection Orders are decisions by a judge that put restrictions on someone’s behaviour. Orders are legally binding, which means they have to be followed.
Who can get a Restraining Order?
In Ontario, under the Family Law Act, you can get a Restraining Order against a person that you are or were married to, or against a partner that you are or were living with. It does not matter how long you lived with the person. This mainly refers to intimate partner relationships. Under other family law legislation, it may be possible to get a Restraining Order against a family member or other individual you have lived with, especially if you are concerned for the safety of your children.
If you feel threatened by someone that you are not living with or have never lived with, you cannot apply for a restraining order, but you may be able to get a Peace Bond from the criminal court. Refer to the criminal section on this website as to how to obtain a peace bond.
What kind of protection does a Restraining Order offer?
Restraining Orders often say that the person you are afraid of is not allowed to communicate with you or your children, either in person, by telephone, Facebook, notes or through messages from other people.
Another very common term in Restraining Orders is that the person you are afraid of is not allowed to come within a certain distance of you or your children, or that they are not allowed to go within a certain distance of places that you regularly go to, such as your home, your children’s school, your workplace or any other location, like a family member’s home or your place of worship.
A judge can decide to put other kinds of limitations on the person in the Restraining Order. When applying, you should think about what type of protection you need, and be as clear as possible, so that the judge understands what should be included in the Order to protect you and your family. For a Restraining Order to be effective and enforceable, it must be specific and detailed; it must include specific locations and the distance away the other party must stay.
There are different types of Restraining Orders that you can get depending on your needs and circumstances.
Restraining Order:
A Restraining Order is a civil protection order from the Family Court system. A Restraining Order can be issued permanently or for a set amount of time. If it is issued for a set amount of time, the expiry date will be located on the Order. The Order can be reviewed or renewed if you feel you are still in danger after it expires.
After you have filed your application, you will need to go to court and so will the person you are seeking the Protection Order against. The process for getting a Restraining Order can take a few months because both sides present their version of the story to the judge in court. It is usually a good idea to get the help of a lawyer.
Urgent Restraining Order:
If you need help from immediate harm, you can ask the court for an Urgent Restraining Order. It is a good idea to consult with a lawyer before making this type of application, because if the court does not think your application is urgent, it can make you pay the legal costs of the other person. An urgent Order will only last a short period of time. This short time frame is meant to provide temporary protection while you apply for a more permanent Restraining Order.
Ex Parte Restraining Order:
An Ex Parte Order is when a judge gives an Order without telling the abuser (called giving “Notice”). It is usually only a temporary Order and is used when it is not safe for you to be in the same place as your abuser at the same time. It can also be used if the person you are afraid of is not available to appear in court because they are getting out of jail soon. In these cases, a Restraining Order will be given until your partner or ex-partner comes to court – at a different time – to respond. The judge will make the final decision about the Restraining Order once she has heard both sides.
No Communication or No Harassment Order
A family court judge can also make an Order that your partner cannot directly or indirectly contact or communicate with you if the judge thinks it is necessary for the case. This type of Order is similar to a Restraining Order because it restricts a person’s behaviour, but it does not have criminal consequences if it is not followed (breached).