A person who fears for their own safety, or for the safety of their children, does not have to face that fear alone. A restraining order is a court order that limits how another person can contact or come near an individual, and it is one of the strongest protections family law provides in Ontario.
Anyone in immediate danger should call 911 first. A restraining order is part of a longer-term safety plan; it is not a substitute for emergency help.
Foote Law helps people in Orangeville and Fergus across Ontario apply for restraining orders and understand their protection options. Anyone being threatened or harassed by a partner or former partner can get help taking the right step quickly.
Foote Law helps clients navigate every stage of a restraining order application, including:
Foote Law accepts Legal Aid Ontario certificates and Employee Assistance Program referrals. Call Foote Law in Orangeville at 519-940-8309.
Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.
A restraining order is a family court order, made under section 46 of the Family Law Act, that restricts how another person may behave toward an applicant and their children. It is a civil order, but breaching it is a criminal offence under section 127 of the Criminal Code, which is what gives it real force.
Depending on the circumstances, a restraining order can require the other person to:
This matters before anything else, because it decides whether a restraining order is the right protection for a given situation. Under the Family Law Act, a restraining order can only be sought against someone with whom the applicant has a family relationship:
If the person the applicant fears does not fall into one of those groups, such as a stranger, a neighbour, or someone the applicant dated but never lived with and shares no child with, a family law restraining order is not available. In that situation, a peace bond is the option instead, explained below.
Both protect the applicant, but they come from different courts and cover different people.
Restraining order: A family court order, available only against a spouse, former spouse, someone the applicant lived with, or someone with whom the applicant shares a child. It can be temporary or longer-term, for whatever period the court sets.
Peace bond: A criminal court order under section 810 of the Criminal Code, available against anyone where there is a reasonable fear of harm to a person or their property. It lasts up to twelve months.
Which one applies depends on the applicant's relationship to the person of concern and the surrounding circumstances.
When there is an immediate risk, a scheduled court hearing does not have to be awaited. A lawyer can bring an urgent motion, and in a dangerous situation the court can make a restraining order without notice to the other person, meaning that person is not told in advance and only learns of it when served.
An order made this way is temporary and provides protection right away, while a fuller hearing is arranged. Anyone in danger right now should call 911. The court process protects a person going forward; the police protect a person in the moment.
To grant a restraining order, the court must be satisfied that the applicant has reasonable grounds to fear for their own safety or their children's. What supports that is specific, credible detail, so it helps to gather:
A clear, specific account is what the court relies on most, and a lawyer helps an applicant put it together.
No one facing fear for their own safety, or a child's, needs to navigate the court process alone. Foote Law helps people in Orangeville and across Ontario obtain restraining orders and other protection, in person and virtually.
Call Foote Law in Orangeville at 519-940-8309.
