Ontario Restraining Order Laws: What Is A Restraining Order?
It’s a fearsome situation when you find yourself facing violence directed at you – or your children. You’ll need to know how to proceed and where to go for help to protect yourself and your family.
What is the Purpose of a Restraining Order?
A restraining order protects you and/or your family members from other individuals that pose a threat to your safety or well-being through a set of specific conditions set by a judge in a family court.
Consider a restraining order as a viable option as to offer you a bit of safety and peace of mind. But should you decide on taking this type of legal action, you’ll need to put together all the necessary information required to obtain a restraining order in Ontario.
The Protections Offered by a Restraining Order
Once you’ve met the requirements, a restraining order in Ontario will be issued by a judge presiding over a family court. These orders list conditions the person putting you in danger will be expected to follow – or they’ll risk being arrest by the police. Should the person named in the order break the terms of the restraining order, they’ll be guilty of a serious criminal offense.
Restraining orders can be very specific, and they identify places where the person putting you in danger can’t go. The list of places can include your place of work, the area surrounding your home, the location of your children’s schools or even place you frequently visit such as a family member’s home or sports venues.
It’s also possible for restraining orders to be issued in a more general way, and a general order could be as simple as a legally binding statement that the person served with the order is required to stay away from you or your family entirely.
Other terms that apply to your situation may be included in the order, such as a list of people—you, your children, friends or family members—the person being served cannot contact. You might also add certain times or conditions under which communication with the person being served can occur. For example, only in the presence of your lawyer or through a particular agency.
How To Get A Restraining Order In Ontario
Restraining orders in Ontario are issued through a family court. What that means is that you will have been married to – or to have lived with – the person you need protection from via legal order.
You don’t necessarily need a lawyer to apply for a restraining order, but the complexity of the filing means we highly recommended that you obtain representation.
There are ten basic steps to follow to obtain a restraining order.
- Go to the family courthouse in either the municipality where you currently live – or where the other person now lives. Courthouse locations can be found here online.
- Arrive at a list of results you’d like to have the court enforce and be sure to specify whether you have any immediate fears for your safety or urgent worries.
- Complete an application form and a Canadian Police Information Centre (CPIC) Restraining Order Information Form. These forms are available only at the family court.
- You will add “motion materials” and “affidavits” via form 14 if your situation requires immediate, urgent attention or action.
- If you don’t have a lawyer, you’ll need to ask that the affidavits be served – delivered in person by a court officer – to the person who is threatening your safety.
- You’ll need to file proof the documents have been served while you’re at the family court location.
- You must file what’s known as a Confirmation Form. This is to indicate that you’ll be on hand in court on the exact date of your restraining order hearing.
- You must attend court on your hearing date or your application for a restraining order will be summarily dismissed.
- You should request a written copy of your order – if it’s granted by the judge – and you can get that document at the family court counter.
- Be sure to make any court appearances required to follow up your case.
Related: Filing A Restraining Order In Ontario: A Beginner’s Guide
Benefits Of A Restraining Order
A restraining order protects you from an individual that you believe to be a threat to your physical safety and emotional wellbeing. A restraining order offers protection when you may not be able to protect yourself, or when you wish to live your life without constant fear.
With a restraining order in place, you can rest assured that you won’t be bothered by the offending person in your daily life. This can provide a great sense of relief for many people who have lived with stress and fear on a regular basis. A restraining order ensures that you will remain safe and that if the restraining order is violated, there will be legal consequences for the person whom the order is issued against.
If at any moment, you feel you or members of your family are in immediate danger, call the Police immediately. It’s also a good idea to have a well-thought-out “safety plan” in place to direct your actions in a worst-case scenario. If you fear a situation has escalated beyond your control or the person in question is threatening you in any way, it helps to head to a safe-haven location and then contact the local authorities.
Do I Need a Lawyer to Deal with a Restraining Order?
You don’t have to hire a lawyer to get a restraining order, but it’s a good idea. A lawyer can help you figure things out, especially if your situation involves child custody arrangements. Judges and court personnel can’t give you legal advice. Only lawyers can do that.
Our legal team of family lawyers can also deal with criminal law matters arising from separations. Request a private phone consultation, or call us at the phone number located at the top of the page.