If you are in immediate danger, call 911 now. You do not need a court order for police to respond. If it is not an emergency but you are afraid, Victim Services of Peel can be reached 24 hours a day at 905-568-1068, and Ontario’s Victim Support Line is 1-888-579-2888. If someone may be monitoring your devices, consider reading this on a phone or computer they cannot access.
People usually start looking into restraining orders after a frightening moment: a threat at a child exchange, a partner parked outside the house night after night, messages that have grown from angry to alarming. Many are unsure whether what they are experiencing is “serious enough,” and they worry that going to court will make things worse.
Those are reasonable concerns. A family court restraining order is one tool, and it works best alongside a safety plan. This article explains how it works in Ontario so you can have an informed conversation with a lawyer or support worker. It is general information only, and it is not legal advice.
What a Restraining Order Is
A restraining order is a family court order that limits what a person can do. Under section 46 of the Family Law Act and section 35 of the Children’s Law Reform Act, a judge can make a temporary or final order if the person applying has reasonable grounds to fear for their own safety, or for the safety of a child in their lawful custody.
The wording matters. You do not have to wait for a physical assault. The question is whether your fear is reasonable, which means the judge looks at what has actually happened: threats, harassment, stalking, past violence, damage to property, and how the person has behaved over time. The Divorce Act’s description of family violence, which helps courts think about these issues, includes psychological abuse, financial abuse and patterns of coercive and controlling behaviour, along with physical and sexual violence.
An order can include one or more of these terms:
- no direct or indirect contact or communication with you or a child in your lawful custody, in whole or in part
- staying a specified distance from places such as your home, workplace or your child’s school
- exceptions, for example to allow contact through a lawyer or a set arrangement for parenting exchanges
- any other provision the judge considers appropriate
“Indirect” contact is often important. A person who sends messages through a sister, a friend or a shared social media account may be breaching an order that forbids indirect contact.
Who Can Apply, and Against Whom
Family court restraining orders are about family and household relationships. Under the Family Law Act, an order can be made against a spouse or former spouse, or against someone you are living with or have lived with for any period of time. You do not need three years together, and you do not need to be married. The Children’s Law Reform Act is used in cases connected to a child, including where the two people have a child together but never lived together.
According to the province’s guidance, you cannot use this process against someone you never lived with or had a child with. That might include a neighbour, a co-worker or a person you only dated. A peace bond may be the option in that situation.
The legislature has also passed amendments that would let other people apply on a person’s behalf in some situations, with consent or with the court’s permission. Those provisions take effect only when proclaimed, so ask your lawyer about the current status before relying on them.
Restraining Order, Peace Bond, Bail: Not the Same Thing
People often use these words interchangeably, but they are quite different.
Restraining order. A civil order from family court, which you apply for yourself, with or without a lawyer. It is not a criminal conviction for the person it restrains. It can be tailored to your family’s circumstances, including exceptions for parenting exchanges.
Peace bond. An order under section 810 of the Criminal Code, dealt with in criminal court, and available against anyone. The person agrees or is ordered to follow conditions for a period of time. It is often considered where there is no family relationship, or as an outcome in a criminal case.
Bail or release conditions. If police lay a charge, the accused person may be released on conditions such as no contact. These come from the criminal case and can end when that case ends. If you depend on them, ask about what happens next, because they may not last.
Exclusive possession order. This is about who lives in a matrimonial home. Married spouses can seek this order in the Superior Court, whether or not they also ask for a restraining order. It deals with the home, not with contact in general.
More than one may apply at once. Criminal and family orders can conflict, for example on parenting exchanges, so make sure your lawyer and any Crown or victim services contact know about all of them.
How to Apply in Brampton
Applications are usually made at the family courthouse where you or the other person lives, or where the children live if parenting issues are involved. For many Peel residents, that is the courthouse at 7755 Hurontario Street. You can file in person or online through Family Submissions Online.
The ordinary process involves these documents and steps:
- Application (Form 8), which starts the case.
- Continuing Record, the court’s file for your documents, unless you are filing online.
- CPIC Restraining Order Information Form, which is available at the family court counter. This form helps get the order into the police database.
- Service of the documents on the other person, with proof of service (Form 6B). You should not serve them yourself. An adult friend or relative can do it, or a process server, and court staff may be able to assist if safety is a concern.
- Attendance at the hearing. Duty counsel may be available on that day for people with low income and no lawyer.
If you need a faster order, you can bring a motion in the case, supported by a notice of motion (Form 14) and an affidavit (Form 14A). Court staff or your lawyer can also tell you about the current requirements. Your forms might change, so check before filing. The Family Law Guided Pathways on the province’s site can help you prepare them for free.
Getting an Order Quickly, Without Notice
Many people cannot safely let the other person know about a court date in advance. A motion without notice lets the judge deal with the matter first, when there is an immediate danger of harm, an immediate danger of children being removed from Ontario, when you do not know where the other person is, or when giving notice could have serious consequences.
If a temporary order is made in this way, the matter must come back to court, generally within 14 days or on a date the court selects, and the other person gets served and has a chance to respond. Think about that return date in your safety plan, because it is a time when you may need additional support. Ask about security at the courthouse and travelling to and from court safely. A Family Court Support Worker can help with that.
A temporary order ends on the date stated or at the next hearing, when the judge may continue it, make it final or end it. Final orders can stay in place for a long time, and a court can change or end one on a proper motion. Read your order so you know when and how it applies.
What Makes Evidence Persuasive
You will likely give your evidence through a sworn affidavit, so think about what a judge needs.
Focus on specifics. Instead of saying “he is always threatening me,” describe the event: what was said, when, where, who was there, what happened next. Attach texts or voicemail transcriptions showing threats or repeated unwanted contact. Include police occurrence numbers, photographs of injuries or damage, and medical records if you have them. Include past incidents too, even those you did not report. Many people do not call police at the time, and that does not mean the incident did not happen.
Explain why you are afraid now. A judge wants to understand the risk going forward. Has the behaviour escalated? Have there been weapons, threats of suicide, strangulation or threats against children or pets? Is a separation or court date making things more dangerous? These details matter.
Keep your own conduct clean. Avoid responding with insults, threats or retaliatory posts. Don’t use the children to pass on messages. Save everything but say little.
After the Order: Enforcement
The restrained person must obey the order once they are aware of it, whether because they were in court or were served with it. Court staff send a copy to police, and information is entered into the national police database. Breaching the order is a criminal offence. If it happens, call the police. Peel Regional Police can respond, and in an emergency you should call 911.
Keep a copy with you, and consider giving one to your child’s school or childcare provider, as well as a trusted workplace contact, so they know what to do. Note each breach in a log with the date, the time and what happened, and keep any evidence. Never agree to “just one meeting” to talk things over. An order binds the other person, but inviting contact can make enforcement much harder, and it can affect your own safety. If circumstances really change, the order can be changed in court.
A court order is a piece of paper, and it cannot physically stop someone determined to cause harm. Please treat it as one part of your safety plan. A plan might cover where you will go in an emergency, who will know about your situation, what you will do at exchanges, and how you will secure your devices and accounts.
If an Order Is Sought Against You
Being served with these documents can be a shock. Take it seriously. Follow any order right away, even if you believe it is unfair, and get legal advice before you respond. A family court restraining order is a civil order, but a breach can lead to criminal charges. It may also influence parenting decisions, and could have knock-on effects on employment, travel or immigration matters. A lawyer can advise you about responding with an answer and your own evidence, and whether a consent arrangement that avoids a finding may be appropriate. Do not contact the applicant to talk them out of it.
Free and Low-Cost Help in Peel
You do not have to do this alone. Some of these resources may be useful:
- Family Court Support Workers. Provided in Brampton through Indus Community Services, they help people who have experienced domestic violence understand the court process, prepare for proceedings and plan for safety, and they can go to court with you when appropriate.
- Safe Centre of Peel. Located at 60 West Drive in Brampton, this is a collaborative of partner agencies offering free services to survivors of intimate partner violence. You can call 905-450-4650 and should confirm hours before going. Its listing says clients are not required to make a police report.
- Legal Aid Ontario. Call 1-800-668-8258. People who have experienced family violence may qualify for two hours of free legal advice, including on family and immigration matters, and may be eligible for further assistance.
- Law Society Referral Service. This service can connect you with a lawyer for a free initial consultation of up to 30 minutes. Its crisis line for people affected by abuse is 1-855-947-5255.
- Family Law Information Centre. This office, at the courthouse, can provide information on court processes and referrals to community services.
If you are worried about your immigration status, do not let that stop you from getting advice. Speak to a lawyer confidentially about how a police report or court case might affect you. Status concerns are a common tactic of control, and there may be options that you have not been told about.
Our family law page and our Brampton service area page describe how we help local families. If you would like to talk about an order, you can contact the firm from a safe phone or email address, and tell us the best way to reach you.