What is a Restraining Order in Ontario?
A restraining order in Ontario is a legal document issued by the family court to protect individuals from domestic violence, harassment, or threats from a partner, spouse, or family member. It prohibits the individual from contacting or coming near the applicant and can include additional conditions tailored to the situation.
Who Can Apply for a Restraining Order?
In Ontario family law, you can apply for a restraining order if:
- You were married or are currently married to the respondent.
- You lived together in a common-law relationship.
- You have children together.
- You have been in an intimate relationship and have experienced domestic violence, threats, or harassment.
Grounds for Filing a Restraining Order
To obtain a restraining order in Ontario, you must prove that you have a reasonable fear for your safety or the safety of your children. Common reasons include:
- Physical abuse or threats of violence
- Emotional or psychological abuse
- Harassment or stalking
- Child endangerment
- Repeated unwanted contact
Steps to File for a Restraining Order in Ontario
Step 1: Gather Evidence
Before filing, collect any evidence of domestic violence, harassment, or threats, such as:
- Police reports or incident reports
- Medical records documenting injuries
- Witness statements
- Text messages, emails, or voicemails containing threats
- Social media posts that demonstrate harassment
Step 2: Complete the Required Forms
To apply for a restraining order, you must fill out the following Ontario Court forms:
- Form 8: Application (General) – If part of a larger family law case
- Form 14: Motion Form – If seeking an urgent order
- Form 14A: Affidavit (General) – A sworn statement detailing why you need protection
- Form 35.1: Affidavit in Support of Parenting Arrangements (if applicable)
These forms are available at your local Ontario family court or online through the Ontario Court Services website.
Step 3: File Your Application
Submit your completed forms to the Ontario Superior Court of Justice (Family Court) in the jurisdiction where you or the respondent live. Some courts allow online filing.
Step 4: Attend the Court Hearing
Once your application is filed, a judge will review your case. You may need to appear in court and provide testimony. The judge will determine whether to issue the restraining order and what conditions it will include.
Step 5: Serve the Restraining Order
If granted, the respondent must be formally served with the restraining order. A court official, police officer, or process server can deliver the order. The respondent must comply with all conditions.
Step 6: Enforcement and Renewal
If the respondent violates the order, contact Ontario Provincial Police (OPP) or local law enforcement immediately. A violation is a criminal offence and can result in arrest and penalties. Restraining orders can be renewed if needed by applying to the court before the expiration date.
Frequently Asked Questions (FAQs)
How Long Does a Restraining Order Last in Ontario?
A restraining order can be temporary or permanent, depending on the judge’s decision. Most orders last for a specific period, such as six months to a year, but they can be extended.
Do I Need a Lawyer to File for a Restraining Order?
While you can file on your own, consulting an Ontario family lawyer can help strengthen your case and ensure proper filing.
What Happens if the Respondent Disobeys the Order?
If the restrained person violates the order, it becomes a criminal matter. Police can arrest and charge the individual, leading to possible jail time or fines.
Can a Restraining Order Be Challenged or Removed?
Yes, the respondent can contest the order in court. If circumstances change, either party may request a modification or termination.
Conclusion
Filing for a restraining order in Ontario is a crucial step for individuals facing domestic violence or harassment. Understanding the legal process and seeking proper support can help ensure safety and peace of mind. If you need help, consult a family lawyer in Ontario or reach out to legal aid services for guidance.
For further assistance, please visit this site: https://www.ontario.ca/page/getting-restraining-order
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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