How Do You Get a Restraining Order in Family Law?

You keep your phone charged and close, just in case. You park somewhere your ex will not recognize your car. You’ve told your kids to text you the moment they get home from a visit, and you don’t relax until they do.

At Amiri Family Law, we work with people who are ready to draw a legal line between themselves and someone who will not respect their boundaries or safety. We explain how to get a restraining order in family law matters and help them request one. That way, they can seek the protection they need, with an order that the police can enforce.

A family law restraining order is a court order. It tells a specific person to stay away from you, your children, or certain places, and to stop contacting you.

To obtain an order, you ask a family court judge to issue one under the Family Law Act. To succeed, you must have reasonable grounds to fear for your safety or your children’s safety.

Family court can grant this order if you and the other person are or were spouses, or have lived together at any point.

The Children’s Law Reform Act allows a similar order to be made against any person. There is no relationship requirement, but you must have reasonable grounds to fear for your own safety or your child’s safety. A peace bond through the criminal courts may also be available.

<p>Nothing in the law requires you to prove the other person committed a crime. The standard is reasonable fear, not a conviction. A judge looks at your specific situation to decide whether that fear is reasonable.</p>
<p>In one case, Ontario’s Court of Appeal upheld a restraining order. A judge found that a pattern of threatening and intimidating messages left the other person with a legitimate fear for her emotional and psychological safety.</p>
<p>Start writing down dates, messages, and incidents as they happen. That record can become part of your evidence when you explain your fear to the court.</p>

Obtaining a restraining order in Ontario follows a set path. You can ask for it on its own or alongside a custody or divorce case already underway. Here are the main steps:

1. File an application or motion at the family court near where you, the other party, or your children live;
2. Fill out the required forms, including a sworn statement explaining why you fear for your safety;
3. Have someone else serve the other party with copies, then file proof of that service before your hearing date; and
4. Attend the hearing and tell the judge what’s been happening.

A lawyer can help you prepare a complete restraining order application and present the evidence supporting your request.

What If the Situation Feels Urgent?

Talk to a lawyer as soon as possible if you are worried about what happens between now and your court date. They can advise you on the fastest, safest path available under the court’s own procedures. They can also help you determine whether to seek immediate court protection while your application is pending.

Your lawyer may be able to ask for an urgent motion. This lets a judge grant an order before the other person even knows you’ve gone to court. Judges reserve this for urgent circumstances, such as when there is an immediate danger that you or your children will be harmed or giving advance notice could have serious consequences. If the court grants the order, you generally serve the other party with the order and motion materials afterward.

Under Canadian law, family violence never stays separate from decisions about the children. A judge must consider any family violence when deciding parenting time and decision-making responsibility. This includes factors such as the nature, seriousness, and frequency of the family violence and whether the child was directly or indirectly exposed to it.

A family violence restraining order can prevent someone from contacting a child in your lawful custody. It can also prevent someone from coming within a specified distance of a location. The court only includes terms like these if it considers them appropriate. You need to ask for them specifically.

The court can make this order as an interim order or a final order. Your lawyer can explain which one fits your circumstances and how long it may last.

Breaking a term of a restraining order is not a minor slip. Disobeying a restraining order is a criminal offence. If someone violates a restraining order, contact the police.

Nima Amiri often represents people who are anxious and vulnerable. Over the past 14 years of practice, safety-focused cases have been a common theme.

You don’t have to keep managing your fear alone, or wait for something worse to happen before you act. Amiri Family Law can walk you through the process of obtaining a restraining order for your situation. We can help you move quickly when timing matters.

If you’re in the Greater Toronto Area, reach out to schedule a free consultation. Start building the protection you and your children need.

What Is the Difference Between a Restraining Order and a Peace Bond?

The family court issues restraining orders. These require a family connection, such as marriage or cohabitation. The criminal court issues peace bonds. They need no prior relationship and usually run for a shorter, fixed term.

Do I Need a Lawyer to Get a Restraining Order?

You can apply on your own, but a lawyer can help you choose the right forms and evidence. This can help avoid delays that leave you unprotected longer than necessary. Legal aid and duty counsel may be available if cost is a concern.

Can You Change or Terminate a Restraining Order?

Yes. Either party can ask the court to change or terminate the order if circumstances change. It stays in force exactly as written until a judge agrees to change it. An informal agreement between you and the other party is not enough.

Does a Restraining Order Show Up on a Background Check?

A family court restraining order is a civil order, not a criminal conviction. Whether it appears on a background or police record check depends on the type of check and the information being searched or disclosed. A criminal charge for breaking that order is a separate matter and can show up on a criminal record check.