Immediate court intervention for urgent safety situations requiring swift legal action
Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion. Deepa holds a B.Sc. (University of Toronto) and J.D. (University of Ottawa), and regularly shares legal insights to educate and empower individuals going through complex family law matters.
Ontario does not have a separate emergency protection order law in force. Urgent protection comes from the police (call 911 in an emergency) and from an urgent family court motion, which can be made without notice to the other party where notice could put you at risk (Family Law Rules, r. 14(12)). Orders can include a restraining order (Family Law Act, s. 46; Children’s Law Reform Act, s. 35), exclusive possession of the home (Family Law Act, s. 24), supervised parenting time and no-contact terms. An order made without notice must come back to court within 14 days or on a date the court chooses (r. 14(14)).
Threats of violence, assault, or harm to you or your children
Credible threat that other parent will flee with children
Need to remove abusive partner from family home immediately
Partner breaching restraining order or custody arrangement
Partner experiencing crisis that endangers family safety
Partner liquidating assets or hiding marital property
Contact emergency lawyer or duty counsel
Lawyer prepares emergency motion materials
Emergency hearing before judge
Judge issues temporary protection order
Temporary order remains in effect
Full hearing with both parties present
Ontario does not currently have a separate emergency protection order law; the Domestic Violence Protection Act, 2000 was never brought into force. Urgent protection comes from the police, who are available at all hours, and from urgent family court motions for a restraining order or exclusive possession, which are heard during court hours. If you are in immediate danger, call 911.
In urgent situations, the court can hear a motion without notice to the other party, for example where giving notice could put you or your children at risk. If an order is made without notice, the other party will be served and the matter returns to court, where they can respond. Your lawyer will explain whether a without-notice motion is appropriate in your situation.
For a restraining order, you must show reasonable grounds to fear for your own safety or the safety of a child in your care. Evidence is usually given in a sworn affidavit describing specific incidents, dates and threats, supported by texts, emails, photos, police reports, medical records or witnesses where available. The more specific and recent the evidence, the better the court can assess the risk.
A temporary restraining order usually lasts until the next court date or until the court changes it. A final restraining order continues for as long as the order says, which may be indefinitely, until it is varied or terminated by the court. The terms of your specific order control, so read it carefully and ask your lawyer if anything is unclear.
Call the police, and call 911 if you are in immediate danger. Breaching a family court restraining order is an offence, the police can arrest without a warrant, and the person may also be charged criminally. Record every breach and tell your lawyer, who can bring the matter back to court.
Often, yes. A Family Law Act restraining order is available against a spouse, former spouse or someone you have lived with for any period, and a Children’s Law Reform Act restraining order may be available where your children are involved. If you never lived together, the police or a justice of the peace can help with a peace bond under the Criminal Code.
Don’t wait. Get immediate legal intervention to protect yourself and your family.
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion. Deepa holds a B.Sc. (University of Toronto) and J.D. (University of Ottawa), and regularly shares legal insights to educate and empower individuals going through complex family law matters.