Restraining Order in Ontario

A restraining order is a document that prohibits a party from contacting with another. Typically, a person applies for a restraining order if he or she is fearful that their spouse or partner, or former spouse or partner, may harm him or her and/or their child. Restraining orders are granted by a judge in a family court and are served to protect the applicant and/ or their child(ren) or their child(ren) in their custody.

Restraining orders can list a set of conditions in which the person it is addressed to must follow. Some can simply list staying a certain distance away from the person. While others can by more specific and complex stating that the person cannot visit the house, place of work, or the child’s school of the person. If a person does not follow the conditions of the restraining order it is considered a crime.

Who can apply for a restraining order?

Any person can apply for a restraining order if:

  • They are fearful of their spouse or partner, or former spouse or partner
  • They want to protect their child(ren) or their child(ren) of custody from their partner

In order to get a restraining order, you must provide proof that you have reasonable grounds to fear for your safety and/or your child’s safety. You must prove why you are afraid and under what grounds.

Do you need a lawyer to apply for a restraining order?

To file for a restraining order, you do not need a lawyer. However, it is recommended to have a hire a lawyer if your case is complex and has complicated factors that may be challenging such as immigration issues.

Here at Romeo Pitario Litigation and Family Law Lawyers we care about our clients’ safety and provide a wide range of assistance to ensure you and your child feel safe. If you need help in understanding and commencing the steps to receiving a restraining order, contact us at 1 (877) 889-8889 to book a free consultation.