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Ministry of the Attorney General

Restraining Order

A Self-Help Guide: How to make an application for a restraining order


Ministry of the Attorney General

This guide is not legal advice. If you have questions or need advice about your case, you should speak to a lawyer.

If you do not have a lawyer, you may contact the Lawyer Referral Service operated by the Law Society of Upper Canada. The Lawyer Referral Service will provide the name of a lawyer in your area who practices family law. This lawyer will provide a half-hour consultation for free. There is usually a $6 charge to use this service but if you are experiencing violence, you should call (416) 947-3330 in the Toronto calling area, or toll-free (800) 268-8326 from elsewhere in Ontario, and the charge will be waived. You must identify yourself as a victim of domestic violence otherwise a charge of $6 may be added to your phone bill.

If you cannot afford a lawyer, you may be able to get legal aid. You can contact the nearest Legal Aid Ontario office to see if you are eligible. The telephone number of the Legal Aid office in your area is listed in your telephone directory. If you cannot find the phone number, Legal Aid Ontario’s toll-free line is 1-800-668-8258. To learn more about Legal Aid Ontario, you may wish to visit their website at www.legalaid.on.ca.

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Table of Contents

  1. A Self-Help Guide: How to make an application for a restraining order
    1. Introduction
    2. 1. What is a restraining order?
    3. 2. Who can apply for a restraining order?
    4. 3. Do I need a lawyer to ask for a restraining order?
  2. Applying for a Restraining Order at Family Court
    1. 1. How do I apply for a restraining order?
      1. Step 1: Find out which court house you should go to, to apply for the restraining order.
      2. Step 2: Decide what decisions you need from the court and if any of them are urgent.
      3. Step 3: Complete the application form to start your case.
        1. a) How do I complete an Application?
        2. b) Completing a Canadian Police Information Centre Restraining Order Information Form
      4. Step 4: If you need an urgent order, complete and file motion materials with the application.
        1. a) How do I complete Form 14: Notice of Motion?
        2. b) How do I complete Form 14A: Affidavit (General)?
        3. c) Completing the CPIC Restraining Order Information Form
      5. Step 5: If you don’t have a lawyer, ask to have the documents served on (given to) the other person.
        1. a) What happens if the person I am supposed to serve can’t be found?
      6. Step 6: File proof at the family court counter that the documents have been served.
        1. a) What happens when the other person receives the documents?
      7. Step 7: File the “Confirmation” form to say that you will be in court on the date of the hearing.
      8. Step 8: Be in court on your court date to explain your case.
        1. a) Will a judge always grant a restraining order?
      9. Step 9: If the judge has made the restraining order, ask family court staff for a copy of the restraining order.
      10. Step 10: Go to court as necessary to obtain a final order about all of the issues in your case.
  3. After the Restraining Order is Made
    1. 1. What will happen to the person being restrained?
    2. 2. I have a restraining order but I need to ask for different terms. How do I change my restraining order?
    3. 3. When will the restraining order end?
  4. Restraining Order Tips Sheet
  5. Restraining Order Forms
    1. Sample Form 25F: Restraining Order
    2. Sample Form 25G: Restraining Order on Motion without Notice
    3. Sample Form 25H: Order Terminating Restraining Order

Introduction

This guide is intended to assist people who are experiencing violence in their families to apply for a restraining order through the family court. This guide is for everyone who is applying for a restraining order but especially for those who do not have a lawyer.

1. What is a restraining order?

If you are fearful that your spouse or partner or your former spouse or partner will hurt you or your children, you can ask the court to make a restraining order. A restraining order is made by a judge at the family court to help protect you and your child(ren) or the child(ren) in your custody.

A restraining order will list conditions that the person you are afraid of must obey. The restraining order can be general - that the person you are afraid of has to stay away from you - or it can be specific. It can say that the person must not come to your home, to your place of work, to your children's school or to other places where you often go (for example, your place of worship or your parent's home).

If the person who has a restraining order against them disobeys a restraining order, the police can arrest them.

2. Who can apply for a restraining order?

You can apply for a restraining order at the family court:

You do not need to have children with a person in order to apply for a restraining order against that person. But you should be aware that you cannot apply for a restraining order against a person you are dating but have not lived with.

Calling the police may be one option to keep you and your children safe. Criminal charges laid by police provide protections available under the bail system that restraining orders do not. Restraining orders are intended to prevent contact by an abusive partner, but they cannot guarantee that an abuser will not break the law. Even if you have a restraining order, you should develop a safety plan, and there are resources in the community to help you do that. See the Resources section at the end of this guide for more information.

You may have concerns about calling the police. For example you may lack legal status in Canada or there may be an outstanding warrant for your arrest. Both of these issues are complicated and beyond the scope of this guide. However, there are resources that can help. Turn to the Resources section at the end of this guide for referrals to services and publications.

3. Do I need a lawyer to ask for a restraining order?

You do not need a lawyer to apply for a restraining order. However, having a lawyer to help you is a good idea. Hiring a lawyer is especially important if your case has complicating factors such as immigration issues. If you would like to get a lawyer but can’t afford one or can’t find one, see the information provided on the front of this guide.

Visit a Family Law Information Centre (FLIC) at your local family court. Court staff at a FLIC can help you to understand the family court process, provide you with family court forms and explain how to get a lawyer. An Advice Lawyer from Legal Aid Ontario is also available at the FLIC at certain times. The Advice Lawyer can provide you with general information (free of charge) or, in some circumstances, may be able to give you legal advice specific to your case. For contact information for FLICs, go to the Resources section at the end of this guide.

Applying for a Restraining Order at Family Court

1. How do I apply for a restraining order?

To apply for a restraining order, you take the following steps.

Step 1: Find out which court house you should go to, to apply for a restraining order.

Step 2: Decide what decisions you need from the court and if any of them are urgent.

Step 3: Complete the application form to start your case

Step 4: If you need an urgent order, complete and file motion materials with your application.

Step 5: If you don’t have a lawyer, ask to have the documents served on (given to) the other person (except if you are proceeding without notice, see page 6).

Step 6: File proof at the family court counter that the documents have been served (except if you are proceeding without notice, see page 6). If you are not asking for an urgent order, you will proceed directly to step 10.

Step 7: File the “Confirmation” form to say that you will be in court on the date of the hearing (except if you are proceeding without notice, see page 6).

Step 8: Be in court on your court date to explain your case.

Step 9: If the judge has made the restraining order, ask family court staff for a copy of the restraining order.

Step 10: Go to court if necessary to obtain a final order about all of the issues in your case.

The Family Law Rules are the court rules that set out the procedure that parties in a family court case must follow. The rules and Family Law Rules forms are on the Ministry of the Attorney General’s website at www.attorneygeneral.jus.gov.on.ca. Click on “Family Justice” and scroll down to find Family Law Rules or Family Law Rules Forms.

Step 1: Find out which court house you should go to, to apply for the restraining order.

You can apply for a restraining order by filing certain documents at a family court.

You should go to:

To assist you in finding the correct court, visit the following link to the Ministry of the Attorney General’s website at www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/. You can also look in the blue pages of your telephone directory under “Courts” and find the address and telephone number of the family court you need to go to. You can also call the Victim Support Line toll-free at 1-888-579-2888 or 416-314-2447 in the Toronto area.

When you go to the family court, visit the Family Law Information Centre (FLIC). Court staff at a FLIC can help you to understand the family court process, provide you with family court forms and explain how to get a lawyer. An Advice Lawyer from Legal Aid Ontario is also available at the FLIC at certain times. The Advice Lawyer can provide you with general information (free of charge) or, in some circumstances, may be able to give you legal advice specific to your case. For contact information for FLICs, go to the Resources section at the end of this guide.

Step 2: Decide what decisions you need from the court and if any of them are urgent.

If you have not already started a case in the family court, you will need to file an application. This form starts the court process. The application form sets out all of the issues that you are asking the court to deal with. Your case may involve only a restraining order. Or it could involve a restraining order and something else, such as custody or child support.

Once you file an application there are certain steps in the court process that you and the other person must follow. Normally, it will be a few weeks before you see a judge for the next step in your case. In most cases, you will be required to go to a case conference before you can ask the court for an order. If, however, your situation is urgent you can bring a motion to get a restraining order right away.

The Family Law Rules do not define the term “urgent”. However, cases that have been decided by the courts have shown that there must be “dire circumstances” before the court will deal with a request for a restraining order on an urgent basis. You must provide clear evidence in your affidavit to show why your situation must be dealt with right away. The judge will decide whether your motion for a restraining order will be dealt with on an urgent basis.

A motion is a step in a case where you ask a judge to decide issues on a temporary basis. For example you may be seeking child support or custody but also need a restraining order right away.

Urgent Motion Without Notice

A motion without notice to the other person may be made for an urgent restraining order if it is not possible to give a copy of the motion documents to the other person. For example, it may not be possible to give the other person notice if:

These motions are sometimes referred to as “ex parte” motions.

Making a motion without notice means that the other person will not know that you are asking the court for a restraining order and they will not be in court to tell their side of the story on the motion date.

If you bring a motion without notice, the other person will find out about it if a temporary restraining order is granted. The other person must be served with a copy of the order and your motion documents after the order is made. Ask staff at the family court office to arrange to have your documents served. This is a free service. If you have a lawyer, your lawyer will serve the documents for you. If a temporary restraining order is granted, you and the other person will have to come back to court so that the other person can tell their side of the story.
Urgent Motion With Notice

If you are asking the court to make a restraining order right away, you are asking the court to consider your request for a restraining order before you take the next step in your case. In your motion materials you will need to tell the judge what the urgency or hardship is (that is, the reason that you cannot wait several weeks to get the restraining order). The motion materials must be served (given) to the other person so that they are aware that you are bringing a motion. Ask staff at the family court office to arrange to have your documents served. This is a free service. If you have a lawyer, your lawyer will serve the documents for you.

The judge may decide that the situation was not urgent and could order you to pay the “costs” of the other person. “Costs” may include the costs involved with the case, including legal fees. If you do not have a lawyer, you can ask to speak to the advice lawyer at the family court house to discuss whether the situation is urgent.

You can also find other community services to support you through this process. Try calling the shelter in your community. A shelter can provide support for you and your children, even if you are not living there. Contact www.shelternet.ca to find a shelter near you. You can also contact Ontario’s Victim Support Line (VSL) which is a province-wide, bilingual, toll-free information line that provides a range of services to victims of crime, including referrals to community agencies for counselling and emotional support. The phone number for the VSL is 1-888-579-2888 or 416-314-2447. There may also be services for your cultural community that may be of assistance. For example if you are a First Nations person, you may consider getting help from a Native Court Worker. Contact the Ontario Federation of Indian Friendship Centres at http://www.ofifc.org/ofifchome/page/programs/index.htm or 416-956-7575.

Step 3: Complete the application form to start your case.

To start an application for a restraining order, you will need to complete:

  1. Form 8: Application (General)
  2. a Canadian Police Information Centre (CPIC) Restraining Order Information Form, which is only available at the family court counter.
a) How do I complete an Application?

The information that you write on the application form tells the judge what you are asking for. Your application may ask for a restraining order only, or you can make other claims such as custody or child support.

You must provide an address on the application and other documents filed with the court. You should be aware that the person you are afraid of will receive a copy of these papers. If you don’t want to use your own address, you can use another address. Just be sure that you can receive mail at this address. Be aware that you can’t use a post office box because you need to be served with court documents.

If the person that you are seeking the restraining order against is also known by another name (an alias), then indicate the name that the person is commonly known as, include this name or any nicknames the person may have, in the section entitled “Full Legal Name”, after the person’s address. Make sure to indicate that they are aliases.

On the last page of the application form, you will need to show why the judge should include each term you have requested in the restraining order. For example, you may have asked the judge to order the other person to stay a certain distance away from specific places. For help in filling this out, you can consult the Restraining Order Tips Sheet at the end of this section. The Restraining Order Tips Sheet explains the limits you can ask the court to place on this person and other terms you may want to ask the judge to include. If the terms listed do not cover your situation properly, you can ask the judge to include other terms.

Be sure to include the reasons why you want this person kept away from these places. Or, you could ask that the other person not call you between certain hours and explain why. The judge will decide whether or not all the terms that you have requested will be part of the restraining order.

When you have completed the application, take it to the family court counter to be signed and dated by the clerk. Depending on the court you are in, court staff will provide you with a first court date.

Be sure to follow the instructions that appear on the application form. For more information about starting an application, refer to A Guide to Procedures, Part 2: Applications. The guide is available at the family court office or on the Ministry of the Attorney General’s website at http://www.attorneygeneral.jus.gov.on.ca/english/family/guides-to-procedures.

b) Completing a Canadian Police Information Centre Restraining Order Information Form

Family court staff will ask you to complete a Canadian Police Information Centre (CPIC) Restraining Order Information Form when you apply for a restraining order. If a restraining order is granted, this form is sent to the police, to show that a judge has ordered the restrained person to stay away from you and/or your children. A copy of the restraining order is also sent to the police with the CPIC form.

This form will ask for information about the person you are seeking the restraining order against, including their name. If the person is commonly known by another name that is not their legal name (i.e. an alias) or is commonly known by a nickname, indicate these other names on the CPIC form. This will help the police know that they have the right person if the person gets arrested.

Step 4: If you need an urgent order, complete and file motion materials with the application.

If you are making a motion for an urgent order, you will need to complete the following forms as well as the application:

  1. Form 14: Notice of Motion
  2. Form 14A: Affidavit (General)
  3. a CPIC Restraining Order Information Form, which is only available at the family court counter
  4. Form 14C: Confirmation (not required for a motion without notice) – see Step 7.
a) How do I complete Form 14: Notice of Motion?

On the notice of motion you will tell the court what you are asking for. Staff at the family court office will give you a date for the motion to be heard.

On the form, there is a space for you to write the details of the restraining order you want the judge to make and why a temporary restraining order is needed. For help in filling this out, you can consult the Restraining Order Tips Sheet at the end of this section. If the terms listed do not cover your situation properly, you can ask the judge to include other terms.

b) How do I complete Form 14A: Affidavit (General)?

The affidavit form is where you tell the court why you have reasonable grounds to fear for your safety and/or for the safety of your children.

In the affidavit you should set out the information that the judge will need to know about you and the person you are afraid of, including:

Be detailed in your explanation of why you are afraid of this person. If you can, include the following:

You should also explain why you want the judge to include the terms you have included in your notice of motion. For example, you may have asked the judge to order the other person to stay a certain distance away from specific places. In your affidavit, be sure to include the reasons why you want this person to be kept away from these places. The judge will decide whether or not all the terms that you have requested will be part of the temporary restraining order.

Try to include only facts that you know from your own experience. If you need to include information given by a friend, family member or someone else, you should name the person who gave you the information and state that you believe it to be true. Here is an example:

The responding party’s employer, John Doe, told me that the responding party started work at ABC Ltd. in November 2008. I believe this information to be true.

Keep in mind that the person you are seeking the restraining order against will read your affidavit.

You must swear or affirm that the affidavit is true in front of a person who is a commissioner for taking affidavits. If you need help finding a commissioner for taking affidavits, staff at the family court house may be able to help.

Remember, it is a criminal offence to swear a false or misleading affidavit. It is your responsibility to make sure that the information in your affidavit is correct.

For more information about making a motion, refer to A Guide to Procedures, Section 5: Motions. The guide is available at the family court office or on the Ministry of the Attorney General’s website at http://www.attorneygeneral.jus.gov.on.ca/english/family/guides-to-procedures.

c) Completing the CPIC Restraining Order Information Form

Family court staff will ask you to complete a Canadian Police Information Centre (CPIC) Restraining Order Information Form when you file your notice of motion. If a temporary restraining order is granted, this form is sent to the police, to show that a judge has ordered the restrained person to stay away from you and/or your children. A copy of the restraining order is also sent to the police with the CPIC form.

Step 5: If you don’t have a lawyer, ask to have the documents served on (given to) the other person.

A copy of all your court documents and any order made on a motion without notice must be served on (given to) the other person, along with a blank Form 10: Answer when they are served with an application. The other person will complete Form 10 to tell their side of the story. The court will keep the original documents. Be sure to keep a copy for yourself.

If you do not have a lawyer, ask staff at the family court office to arrange to have your documents served. This is a free service. If you have a lawyer, your lawyer will serve the documents for you.

It is important to develop a safety plan, and there are resources in the community to help you do that. See the Resources section at the end of this guide for more information.

a) What happens if the person I am supposed to serve can’t be found?

If the person you are trying to serve can’t be found or is trying to avoid being served, you can ask the court for an order for “substituted service”. This means that you (or the person serving the documents) can leave the documents with another person (for example, the other person’s parent) to bring to the person’s attention. Or, the court may order that the person be served by placing an advertisement in the local newspaper.

Step 6: File proof at the family court counter that the documents have been served.

Whoever serves the documents must complete Form 6B: Affidavit of Service. This is proof to the court that the documents have been served on the other person. If the court arranges service for you, the court will also take care of this step free of charge.

a) What happens when the other person receives the documents?

When the other person is served with an application, they may set out their response to the application in Form 10: Answer and file it with the court. In an answer, the other person can also ask the judge to make other orders in the case. The other person must serve you or your lawyer with a copy of their answer.

If there is a “first court date” on the application or on the hearing date set out on a notice of motion, the judge will expect you and the other person to be in court on that date. The date and time for your court date is set by the court.

If there is no first court date on the application, you or the other person must ask staff at the family court office for a case conference date. Ask your lawyer, the advice lawyer at the Family Law Information Centre or family court office staff about when a case conference, or an uncontested trial if no answer is filed, can be scheduled.

If at any time in this process you need an urgent order from the court, you can get an earlier date to go to court. See steps 3, 4 and 5 in the flowchart on page 3 for guidance.

If the other person is served with a copy of a temporary restraining order and motion documents filed on a motion without notice, the judge will expect you and the other person to be in court on the court date set out in the order.

If you are not asking for an urgent order, you will proceed directly to step 10.

Step 7: File the “Confirmation” form to say that you will be in court on the date of the hearing.

Be sure to follow the instruction in the “Note to Person Making the Motion” that appears at the end of the notice of motion. To complete this step you will need Form 14C: Confirmation. This confirms with the court that you will be attending court on the date and time of the hearing. If you do not file the confirmation, the court date may no longer be available for you.

If you are not proceeding on an urgent basis, you will need to either attend a first court date or a case conference as your first step, depending on which court you’re in. Case conferences also require that a Form 14C: Confirmation be filed. Follow the steps set out in the flowchart on page 3 and the Guides to Procedure at http://www.attorneygeneral.jus.gov.on.ca/english/family/guides-to-procedures.

Step 8: Be in court on your court date to explain your case.

It is important to go to court on your court date. When your application or motion is heard, the judge will consider what you and the other person have written in your court documents and what you are asked to tell the court. The judge will make a decision based on the evidence. You will be called in to the courtroom to speak with the judge.

If you do not have a lawyer, it is a good idea to speak with duty counsel when you get to the court. Duty counsel are lawyers who are paid by Legal Aid Ontario to help people in family court. You may have to provide the duty counsel with some information to verify that you cannot afford to pay for a lawyer. See the Resources section at the end of this guide for more information.

If your motion was made without notice to the other person, the judge will have to decide whether to grant a temporary restraining order without hearing from the other person. If an order is granted, the judge will ask you both to come to court so that the other person can tell their side of the story. At that time, the judge will decide whether to continue the order.

A restraining order made on a motion is usually temporary[1]. The order may expire on a certain date or the order may include a date for the court to review its terms. At that time the judge might decide to continue the temporary order, make it final or let it end.
a) Will a judge always grant a restraining order?

In some cases, the judge will not be able to grant a restraining order based on the evidence presented. Whether or not the judge grants a restraining order, it is important to protect the safety of yourself and your children. For a list of legal and crisis services or help with developing a safety plan, go to the Resources section at the end of this guide.

Step 9: If the judge has made the restraining order, ask family court staff for a copy of the restraining order.

If the judge grants the restraining order, family court staff will prepare the order for you. They will do so even if you have a lawyer. You should not leave the court house until you receive a copy of the restraining order. Tell the staff at the family court counter that a restraining order was granted and you are waiting for a copy.

Court staff will provide two certified copies of the restraining order at the time it is made, free of charge. However, if you lose your copies and need new copies, you will be asked to pay $1 per page for a copy or $3.50 per page for a certified (official) copy.

The restraining order that you receive on a motion will depend on whether you brought the motion with or without notice:

You can see samples of both orders at the end of this section of the guide.

If the order was made without notice, you will have to serve or arrange to have served the Application, temporary restraining order and any other materials on the other person and return to court as directed for further order. If you do not have a lawyer, ask staff at the family court office to arrange to have your documents served on the other person. This is a free service. If you have a lawyer, your lawyer will serve the documents for you.

You should keep a copy of the restraining order with you at all times. If you have children who are also protected by the restraining order, it is a good idea to give a copy of the order to the children’s school or daycare. A copy could be useful if the person restrained disobeys any of the terms of the restraining order and the police are called. You, the school or the daycare staff could then show the police a copy of the restraining order. This will help the police decide if the person being restrained should be arrested.

Even if a judge makes a restraining order, it is important to also develop a safety plan to protect the safety of yourself and your children. For a list of legal and crisis services or help with developing a safety plan, go to the Resources section at the end of this guide.

Step 10: Go to court as necessary to obtain a final order about all of the issues in your case.

If the order you have obtained is temporary, you will have to go back to court to ask for a final restraining order and a final order regarding any other claims that you’ve made in your family case. To do that, you will have to follow the steps in a family case. For example, you will have to go to at least one case conference, a settlement conference and a trial. For more information about these steps, please see the Ministry’s Guides to Procedure, available online at http://www.attorneygeneral.jus.gov.on.ca/english/family/guides-to-procedures.

After the Restraining Order is Made

1. What will happen to the person being restrained?

The person restrained must obey the terms of the order, as soon as it comes to their attention. He or she will find out about the order because they were in court to hear the judge make the order or because they were served with a copy of the order.

Breaching (disobeying) a restraining order is a criminal offence and, if the person restrained is found guilty, he or she could go to jail. If you think the person restrained has disobeyed the order, you should call the police.

2. I have a restraining order but I need to ask for different terms. How do I change my restraining order?

If you have a final restraining order and you and the other person agree to the change, you will need to complete and file the following forms:

If you and the other person do not agree to change the restraining order, you will need to complete the following forms and have them served on the other person:

For more information about changing a restraining order, see Motion to Change a Final Family Court Order or a Support Agreement, A Self-Help Guide.

Safety planning is always important. If you are in contact with the person you are afraid of to talk about a change to the restraining order, be sure to have a safety plan in place. There are resources in the community to help you do that. See the Resources section at the end of this guide for more information.

It is a good idea to have the help of a lawyer if you are thinking about agreeing to change your restraining order. If you would like to find a lawyer, see the information provided on the front of this guide or in the Resources section at the end of this guide.

3. When will the restraining order end?

If your restraining order is a temporary order, it will end on the date set by the judge in the order or it may end when you and the other person return to court. When you return to court, the judge may continue the temporary order, make the order final or, if the other person opposes the restraining order and the judge agrees with their arguments, end the restraining order.

A temporary order may also end if your family law case has not been completed within 365 days and no other court date has been scheduled. This timeline is set by the Family Law Rules. If a judge has not extended the timeline, the case will be dismissed automatically. This means that any temporary orders, including a restraining order, will end if the case is not completed. If you have a lawyer, your lawyer will be monitoring the timeline for you. If you do not have a lawyer and the timeline is about to expire, speak to the Advice Lawyer at the Family Law Information Centre at your local family court.

If you have a final restraining order, it will end if the judge has included a termination date on the order.

When a restraining order ends, court staff will prepare Form 25H: Order Terminating Restraining Order. Court staff will provide you and the other person with a copy and they will send a copy to the police so that the police can delete the restraining order from CPIC.

Once a restraining order ends its terms will not apply to you or the other person and it can no longer be enforced by police.

Restraining Order Tips Sheet

This Restraining Order Tips Sheet is intended to assist you in drafting your application or notice of motion. Remember that in your notice of motion and affidavit, you must be sure to ask for the exact terms of the restraining order that you are asking the court to make. Your affidavit should give enough information to convince the court that these terms are necessary.

You should start by indicating the full legal name of the person to be restrained and the person’s date of birth.

Depending on your circumstances, you may want to ask the court to order one or more of the following terms.

  1. Non-communication with or without exceptions. The person to be restrained shall not contact or communicate with persons protected by the order. Be sure to include the full legal name of person(s), including any children, to be protected by the order.

    You may also list exceptions to the non-communication order. This will mean that there are situations when communication can occur. Be sure to specify the exceptions. For example, contact or communication does not occur except:

    • Through another person or agency (be sure to insert the name of the agency) to arrange access to the children; and/or
    • To permit access in accordance with the access order (be sure to insert the date of the order); and/or
    • Through or in the presence of a lawyer (be sure to insert whether it is your lawyer, the lawyer for the person restrained or both).

    Example:

    “I need an order that my spouse JD not contact or communicate with me by telephone between the hours of 7:00 p.m. and 8:00 a.m. Since we have separated JD calls about 4-5 times each night asking me to reconcile and becoming increasingly angry when I will not agree to a meeting. During this time period the children are sleeping and become very scared when the telephone repeatedly wakes them up. The calls also upset and frighten me and leave me less able to respond to the children when they wake up”.

  2. Stay away with or without exceptions. The person to be restrained shall not come within a certain distance (in meters, feet or yards) of particular locations. You may also list conditions under which contact can be made. Be sure to include the specific location and/or address including street number, town/city, and the conditions.

    Example:

    “I need an order that my spouse JD stay away 500 metres from my children’s daycare centre at 123 Main Street, Anytown, Ontario, because in the past few weeks JD has waited outside the centre and then approached me when I returned to my car after dropping off the children. During this contact JD has threatened to kill me if I did not agree to share custody of the children”

  3. Other. Specify if there are other terms that you would like the judge to include in the restraining order. These will usually be terms that are specific to your situation.

Restraining Order Forms

Sample Form 25F: Restraining Order

Image of Form 25F, page 1 Image of Form 25F, page 2

Sample Form 25G: Restraining Order on Motion without Notice

Image of Form 25G, page 1 Image of Form 25G, page 2

Sample Form 25H: Order Terminating Restraining Order

Image of Form 25H, page 1


[1] In most cases, the parties to an application started at the family court have 365 days to complete that case. If a judge has not extended the timeline, the case will be dismissed automatically. This means that any temporary orders, including a restraining order, will end if the case is not completed. If you have a lawyer, your lawyer will be monitoring the timeline for you. If you do not have a lawyer and the timeline is about to expire, speak to the advice lawyer at the Family Law Information Centre at your local family court.