Restraining Orders
If you are experiencing violence, or being threatened with violence, there are ways to protect you and/or your children.If you are facing threats or acts of violence, know that you are not alone. Our family lawyers are here to help you get the protection you need. You can apply for a Restraining Order in Family Court if you are concerned for yours and/or your children’s safety and you were married or lived together with the other party or have a child together.
How does a restraining order help?
A restraining order is a legal document issued by a court to protect individuals from being harmed or harassed by another person. It is typically used in situations involving domestic violence, stalking, harassment, or threats. A restraining order can dictate certain conditions such as prohibiting the restrained person from approaching or contacting the person protected by the order. It can also restrict the restrained person from coming within a certain distance of the protected person’s home, workplace, or other specified locations.
Typically, it restricts the individual from coming within 500 meters of your home, workplace, or your children’s school. Since it is a legal measure, it also limits their ability to contact you and other specified individuals. Depending on your situation, there are various types of restraining orders, but the two most common are – Emergency Protection Orders (EPOs) and Peace Bonds. EPOs are used in immediate danger scenarios and can be issued without the presence of the person being restrained, while Peace Bonds can restrain a person from making contact for up to a year.
You can apply for a Restraining Order in Canada without the involvement of a lawyer; however, it is highly recommended for you to seek the assistance of an experienced Family Lawyer especially if your matter involves children and parenting arrangements. You may also require assistance where matter is urgent and you need a Restraining Order urgently on with or without notice Motion.
Our family lawyers at Noori Law, we have extensive experience in this area and would love to help you feel safe again. Contact us for a consultation today!
Commonly Asked Questions
Will the person know I filed for a restraining order against them?
Yes, the respondent must be served with court documents and has the right to appear in court. In urgent cases, a temporary restraining order (without the other party present) may be granted, but they are required to be notified eventually.
What happens if the person violates a restraining order in Ontario?
Violating a restraining order is a criminal offence under the Criminal Code of Canada. The police can arrest them, and penalties can include fines, probation, or jail time. The severity of the punishment depends on the violation.
Can I file for a restraining order if the person hasn’t physically hurt me yet?
Yes. You don’t need proof of physical harm to get a restraining order. If you have a genuine fear for your safety or your child’s safety, that is enough. You may wish to submit supporting evidence, like police reports, threatening messages or stalking behaviour, to strengthen your case. Please reach out to us today for more information.
How long does a restraining order last in Ontario?
A restraining order doesn’t last forever unless the judge specifies a permanent order. Some are valid for a few months to years. You can renew or extend it if the threat continues, but you must apply before it expires.
Can I remove or modify an order after it's granted?
Yes, either party can request the court to change or cancel a restraining order. However, the court will decide if the order should be sustained or not depending on the original reasons.