Family court orders

A restraining order is a family court order that says what your partner cannot do. It can last for any length of time, even many years.

Who can get a restraining order

You can usually only apply for a restraining order against your partner if at least one of these is true:

you were married to your partner
you lived with your partner for any period of time
you have a child together

If none of these situations apply to you, you can try to get a peace bond in criminal court instead. See Criminal court orders.

Conditions in a restraining order

You can ask the judge for any conditions you think will help to keep you safe. For example, you can ask that:

your partner cannot come within 500 metres of you, your children, your home, or your workplace
your partner cannot contact you or communicate with you, either on their own or through their family and friends
your partner can only contact your children through an agency or another person you agree on

Even though a restraining order is made in family court, if your partner breaks any of the conditions, the police can arrest them and charge them with a crime.

Parenting time with children

If you are worried about whether your partner will take care of the children properly, you can ask the judge to order supervised parenting time. This means someone watches your partner’s visits with your children. For example, a friend or family member you both trust. Or the visits can happen at a supervised centre, if one is available.

If you are worried about your safety when picking up or dropping off your children, you can ask the judge to order supervised parenting time exchanges. These exchanges might take place at a supervised centre, if one is available, or in a public place. Or they might be supervised by a friend or family member.

Applying for a restraining order

Apply for a restraining order at family court. You must prove that you have reasonable grounds to fear for your safety or the safety of your children.

You can get a restraining order even if your partner has never been charged with a crime. You can also get one if they were charged with a crime, but the case is not finished or it is finished and they were found not guilty.

For more information, you can read Getting a restraining order at ontario.ca/page/getting-restraining-order.

If you need a restraining order right away, go to your nearest family court and ask for help from the duty counsel or advice counsel lawyer. You might also be able to get help from a Family Court Support Worker. See Legal services for victims of violence.

Your partner will usually get notice of your application for a restraining order and will have a chance to respond before the court hearing. But in dangerous situations, a judge might make exceptions. You can ask to apply to get the order without notice to your partner.

This type of order only lasts for a short time. It gives you some protection right away. But you will have to give your partner a copy of the order and there will be another court date where your partner will have a chance to respond.

After you get a restraining order

Keep a certified copy of the restraining order with you all the time. If you call the police because your partner is not following the order, the police may want to see the order before they arrest them.

What are exclusive possession orders?

An exclusive possession order is a family court order that says one partner can stay in, or return to, the family home and the other partner is not allowed on the property. If there are children, the order usually says that the children are also allowed on the property. The order is usually temporary. The court does not decide who owns the home or who rented it when deciding which partner can stay in it.

You can get an order for exclusive possession for a house or apartment. You can get an order even if it is your partner who owns or rents the home. But it might be more complicated if your name is not on the lease. If you are in this situation, talk to a family lawyer. See General legal services.

An order for exclusive possession does not stop your partner from contacting you at work or anywhere else.

Who can get an exclusive possession order

Usually, only partners who are legally married can apply for an order for exclusive possession. If you are in a common-law relationship, it is harder to get an order for exclusive possession. It partly depends on whose name is on title or the lease. If you are in this situation, talk to a family lawyer. See General legal services.

Applying for an exclusive possession order

Apply for an order for exclusive possession in family court. The judge makes a decision based on things like:

the best interests of the children, including the effects of moving to a new home, and how they feel about moving or staying
how attached your children are to the neighbourhood, including how long they have lived there, if they are in school, and their attachment to friends
any violence committed against you or your children
you and your partner’s financial situations
any written agreements between you and your partner
if other suitable and affordable housing options are available

Orders for women on reserve

Indigenous women living on reserve can have a hard time getting some family court orders enforced. This is because different laws can apply on reserve lands. For example, the Ontario law on exclusive possession does not apply on reserve lands.

Each First Nation might pass its own laws about family property rights. If they do not, there is a federal law about who can live in the home and how to divide the value of a family home on a reserve. Part 9 has more information about issues affecting Indigenous women.

Do you know a woman who is being abused? A legal rights handbook

This site contains general legal information for people in Ontario, Canada. It is not intended to be used as legal advice for a specific legal problem.