Restraining Orders

A restraining order is an order made by a court that prevents a person from communicating with you and possibly (if you have any) your children. An order like this is a very serious one; courts will only grant such an order if it is clear that the person is “molesting, annoying or harassing” you. This is the language used in section 46 of the Family Law Act, which is the section dealing with restraining orders.

This part of the Act refers to the applicant’s (the person making the request) spouse, same-sex partner or former spouse or same-sex partner. Therefore, this section of the act can only be used with reference to a couple. A restraining order cannot be granted under the Family Law Act to shield the applicant’s parents, siblings, friends or neighbours; a different law must be used in order to make this request.

The words “molesting”, “annoying”, “harassing” and “communicating” that are used in the legislation. The courts will define what these words mean on a case-by-case basis, which means that they look at the individual facts of the case in order to make a decision as to whether to grant the request for a restraining order or not.

If a person violates the restraining order, there are a variety of consequences that the court can impose, such as fines. If the violation of the restraining order is serious, jail time can be ordered, but on a day-to-day basis this is very rare.

If a court has imposed a restraining order against you, be very careful not to breach it. Speak to your lawyer about having it lifted, if you feel it is unfair, but you absolutely must not ignore it and contact the person whom you are not supposed to contact. If you got a restraining order against your spouse/partner who was bothering you, you must not communicate with that person at all. It may affect the court’s willingness to enforce the order later, if you have violated the protection order before.

Should safety be a concern and you need to go to a shelter, please contact the Assaulted Women’s Hotline:

• Greater Toronto Area: 416-863-0511           416-863-7868 TTY
• Toll free in Ontario: 1-866-863-0511           1-866-863-7868 TTY
• #SAFE     ( #7233)      on your Bell Mobility phone
• or visit Shelternet.ca to find a women's shelter

Please visit our Restraining Orders Frequently Asked Questions section for further information or contact us.