Restraining Order Lawyers in Ontario
Understand family-law restraining orders, peace bonds and urgent safety options in Ontario.
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.
The 30-Second Answer
A family-law restraining order under section 46 of Ontario’s Family Law Act is different from a Criminal Code peace bond. Family-law eligibility depends on the qualifying relationship and reasonable grounds to fear for your safety or a child’s safety. A peace bond has its own legal test and criminal-court process. Terms, timing and enforcement depend on the evidence, court and order; protection or arrest is not automatic.
Immediate danger: call 911 or local emergency services. Do not wait for a court application. A court order is not a substitute for individualized safety planning. General legal information only, not advice for your circumstances. Speak with an Ontario family lawyer about your situation.
Sources: Family Law Act, section 46; Ontario restraining-order guidance; Criminal Code, section 810.
Different Legal and Immediate-Safety Options
Family Law Restraining Order
For qualifying spouses, former spouses and current or former cohabitants; see section 46 of the Family Law Act
- No contact or communication
- Stay away from home and workplace
- Exclusive possession requires a separate legal basis
- Can include children in protection
Criminal Peace Bond
For reasonable fears meeting the applicable Criminal Code test; no family relationship required
- No contact provisions
- Geographic restrictions
- Weapon prohibitions
- Alcohol/drug conditions
Urgent Family-Court Motion
An urgency procedure, not a separate Ontario emergency-protection-order scheme
- Court availability and urgency requirements vary
- No same-day outcome is guaranteed
- Temporary relief may be requested
- Without-notice relief requires specific legal grounds
Possible Terms: The Legal Route and Evidence Matter
These are possible restrictions or related remedies, not a standard package. Contact and distance terms must be tailored. Weapons conditions depend on the applicable legal authority; parenting restrictions require the relevant parenting analysis and may require a separate order.
Contact Restrictions
- No direct or indirect contact
- No phone calls, texts, or emails
- No social media contact or monitoring
- No contact through third parties
- No gifts or letters
Physical Distance
- Stay away from home (specific distance)
- Stay away from workplace
- Stay away from children’s school
- Stay away from family members’ homes
- Geographic exclusion zones
Weapons & Safety
- Weapons surrender only where legally authorized and ordered
- Weapons prohibitions depend on the legal route
- Discuss safety concerns and the limits of enforcement
- Substance-use conditions require an appropriate legal basis
- Counselling may be considered where appropriate
Children
- No contact with children
- Supervised parenting time where ordered
- No removal from jurisdiction
- Specific pickup/dropoff arrangements
- Communication through third party only
How to Obtain a Restraining Order
Document the Situation
Gather evidence of harassment, threats, or violence
Consult with a Lawyer
Determine the best type of order for your situation
File Court Application
Lawyer prepares and files necessary documents
Attend Court Hearing
Present your case to the judge
Obtain and Enforce Order
Understand the signed order and available enforcement steps
Myth vs. Reality
Restraining orders are only for physical violence
Threats, harassment, stalking or other conduct may support an application where the statutory safety test and relationship requirements are met. Physical violence is not the only relevant evidence.
The other person has to agree to the restraining order
Consent is not required if the legal test is met. A motion without notice is available only where the applicable rules permit it; the court decides urgency and may require further service and a return hearing.
Restraining orders are just pieces of paper that don’t work
Breaching a family-law restraining order can be a criminal offence. Report suspected breaches to police. Investigation, arrest, charges and any sentence depend on lawful grounds, the terms of the order and the circumstances; none is automatic.
Any family relationship automatically qualifies for a family-law restraining order
Section 46 sets relationship and safety requirements. Family membership alone is not enough. A peace bond is a distinct option with its own test; neither route is inherently easier or guaranteed.
Frequently Asked Questions
Protect Yourself with a Restraining Order
Our team can explain eligibility, evidence and available remedies. Contact us for case-specific advice; no order or enforcement outcome can be promised.
About the Author
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.