A restraining order may be appropriate where there are reasonable safety concerns in a family-law context, such as threats, harassment, stalking, intimidation, or other conduct that requires enforceable court protection. In Ontario family court, a judge can make a restraining order that restricts contact, approach distance, and attendance at places like a family home, workplace, or childcare/school, giving you enforceable legal protection.
In this article, we’ll explain the process of getting a restraining order, including the application, key court documents, common forms, and what happens at a hearing. Our goal is to help you understand your options quickly, gather the right evidence, and take the safest next steps.
This is general information, not legal advice. If you’re in immediate danger, call the police or emergency services right away.
What is a Restraining Order in Ontario?
A restraining order is a type of court order made in family court under Ontario Family Law, commonly tied to separation, divorce, parenting, or property disputes.
The order can include:
- No-contact orders (direct or indirect communication)
- “Stay away” zones,
- Location restrictions (home, workplace, childcare).
It’s not the same as:
- a Peace bond (a Criminal Code section 810 protection order),
- bail or bail conditions set in the criminal justice system, or
- probation terms after criminal charges.
Temporary Restraining Order vs Restraining Order After Hearing
In practice, people often use “Temporary Restraining Order” to describe urgent, interim protection. Ontario’s Form 25F: Restraining Order itself is designed for Temporary or Final orders, which reflects how courts can grant interim relief and then revisit it at a later hearing.
Emergency and “Without Notice” Hearings
If there’s an emergency, courts may hear urgent requests quickly. Without-notice orders are exceptional. If an order is made without notice, the matter generally must return to court within 14 days or on a date set by the court, and the affected party must usually be served immediately with the order and motion materials unless the court orders otherwise.
A judge can grant or refuse the request at the court appearance, and you should obtain a copy before leaving the courthouse if it’s granted.
At RPB Law, we can help you turn a stressful situation into a clear, court-ready plan. We’ll prepare the right court documents, affidavits, and evidence, choose the right process (urgent, without notice, or on notice), and push for enforceable terms so the order is practical for police and meaningful for your safety.
Who Can Apply for a Restraining Order in Ontario Family Court?
Eligibility depends on your relationship to the person and the legal route. In Ontario family court, restraining orders are generally available in family-law relationship contexts, such as spouses, former spouses, or people who have cohabited, and may also protect children in appropriate circumstances. If the relationship does not fit the family-law route, a peace bond or another legal process may be more appropriate.
What a Judge Is Looking For
The court will usually look for evidence showing reasonable grounds to fear for the applicant’s safety or, where applicable, the safety of a child.
A judge typically focuses on risk, context, and whether the order is necessary and workable:
- credibility and detail in your affidavit evidence
- recent incidents, threats, stalking patterns, property damage, and escalation markers
- practical terms that can actually be enforced (distance, locations, communication limits)
- your safety needs, children’s routines, and childcare logistics
Evidence Examples That Help
Strong supporting evidence can include:
- screenshots, call logs, emails, social messages (communication trail)
- witness statements
- photographs of injuries (if applicable)
- medical reports (if applicable)
- incident numbers, prior police record checks, or documented involvement of law enforcers (where available)
How to Get a Restraining Order in Ontario – The Family Court Process
The process usually fits into one of two procedural lanes:
- You’re already in a family case (divorce/separation/parenting/property division), and you bring a motion for protection, or
- You start a family case and request restraining relief as part of that broader case.
A party typically completes Form 14: Notice of Motion and Form 14A (Affidavit) to ask the judge for specific orders, with sworn evidence in the affidavit.
1. Start or Respond to the Family Court Case
Depending on your posture:
- Form 8: Application (starting the case / asking for relief), commonly used in family proceedings
- Form 10: Answer (responding), common response pleading
Your case posture matters because it affects timelines, service, and what the court can hear on an initial date.
2. Bring the Motion for a Restraining Order
For a motion, you set out:
- the order you want (no contact, distance, home/work/school restrictions, firearms/weapon-related conditions where relevant)
- the factual basis in a sworn affidavit
- the urgency level (routine vs emergency)
- Form 14: Notice of Motion is the motion vehicle the Ontario Court of Justice describes for requesting orders, with your affidavit evidence in Form 14A.
Filing Form 14C: Confirmation
Once you have a motion/application date, confirm attendance with the court.
3. Attend the Hearing
At the hearing, the judge will decide whether to grant the restraining order and on what terms. Restraining orders can prohibit proximity and contact, and breaches can result in arrest and charges.
Restraining Order After Hearing: What the Court Order Looks Like
If granted, the order is typically reduced to a formal Form 25: Order (general family order form) and/or Form 25F: Restraining Order (the restraining-order template). Form 25F explicitly includes Temporary vs Final, “effective date,” and “remain in effect until,” which is crucial for enforceability and police response. For without-notice restraining orders, Form 25G may also be used, depending on the court process and order being made.
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After You Get the Order: Police Enforcement and Practical Safety Steps
A restraining order works best when it’s clear, properly served, and easy for police or law enforcement to interpret.
Service, Copies, and Practical Safety Steps
We typically recommend (as practical information):
- keep multiple copies (phone, printed, trusted contact)
- provide a copy to childcare/school and workplace security, where appropriate
- document breaches immediately
Breaches, Charges, and Criminal Offence Risk
A breach can become a criminal matter. When someone disobeys a court order, section 127 of the Criminal Code (disobeying a court order) is a common enforcement route, meaning the breach can escalate into charges and involvement of the criminal justice system.
Firearms, Ammunition, and Weapons Terms
Where there’s a credible safety concern, courts may include restrictions related to firearms, ammunition, or other weapons. The goal is enforceable risk reduction, clear enough for a responding officer to act on quickly.
Peace Bond vs Restraining Order in Ontario: Which One Fits Your Situation?
A Peace bond is not a restraining order. A peace bond is a protection order under section 810 of the Criminal Code and is used where someone appears likely to commit a criminal offence, even if there aren’t reasonable grounds that an offence has already been committed.
When a Peace Bond Can Be the Better Option
A peace bond is often relevant when:
- you don’t have the family-law relationship needed for family court restraining relief
- you need a criminal-court protection tool, and the facts meet the peace bond threshold
- the main issue is fear of harm, property damage, or escalation without an active family file
The Criminal Code text for section 810 sets out that an information may be laid before a justice where a person fears on reasonable grounds that another person will cause personal injury or damage property (among other grounds).
Justice of the Peace and Ontario Court of Justice Pathway
Peace bonds typically run through the Ontario Court of Justice with a Justice of the Peace (or judge, depending on the setting). This is where peace bonds connect into the criminal-side ecosystem: police, Crown screening in some contexts, and the broader criminal-court process if the respondent contests the peace bond.
Working With a Family Lawyer on Restraining Orders and Safety Planning
Even strong facts can fail if the application is missing required pieces, filed late, or not supported by a coherent affidavit narrative. Our job as a family lawyer team is to:
- build a clean evidentiary record (affidavit + exhibits)
- propose enforceable “no contact” and location terms that a judge can sign
- manage service, confirmation, and court scheduling steps
- coordinate where the case overlaps with bail conditions, criminal proceedings, or child-related safety issues like supervised parenting time
Special Situations: Family Home, Exclusive Possession, and Property Division
A restraining order is sometimes pursued alongside urgent family-law relief:
- exclusive possession order (who remains in the family home)
- parenting restrictions or supervised parenting time
- financial restraints tied to safety and stability
- property division disputes that are inflaming conflict
Lease, Property Loss, and Reserve Lands
Housing insecurity can make safety planning harder. If the family home involves a lease, third-party owners, or unique jurisdiction issues like reserve lands, First Nation community realities, or federal law overlays, the strategy must be tailored. We approach these files with extra care, especially where Indigenous women face compounding barriers to protection and access.
Preparing for a Divorce in Ontario—Who Gets to Keep the House?
Restraining Orders in Ontario (2026) | FAQs
How fast can I get a restraining order in Ontario?
It depends on urgency and court scheduling. If there’s an Emergency, you may seek expedited relief; otherwise, you proceed through the normal motion/application track and must file required confirmations.
Do I need a police report before filing a restraining order?
Not always, but documented police involvement can help establish context. The core requirement is credible evidence (often presented by affidavit) that the order is necessary for safety.
What happens if they breach the restraining order?
Breaches can lead to police enforcement and potential charges. If someone doesn’t follow a restraining order, they can be arrested and charged. A breach can also engage section 127 (disobey court order) as a criminal offence, depending on facts and enforcement decisions.
Can I get both a restraining order and a peace bond?
Sometimes, especially where a family case is ongoing, there’s also a criminal-side safety concern. However, courts don’t like conflicting duplicate orders. The drafting must be consistent so law enforcers can act without confusion.
Do restraining orders cover children and childcare?
They can. Orders often include distance and communication restrictions involving children, and practical steps may include providing the order to childcare/school for safety and boundary clarity.
Talk to Our Ottawa Family Law Team About Safe, Enforceable Court Orders
When safety is on the line, vague paperwork is dangerous. At RPB Law, we focus on clear affidavits, enforceable terms, correct court documents, and a strategy that fits your reality; whether that’s family court restraining relief, a Peace bond route, or coordinated planning where criminal bail conditions overlap.
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