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Getting a Restraining Order in Ontario: A Step-by-Step Guide for Survivors

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Getting a Restraining Order in Ontario: A Step-by-Step Guide for Survivors

🛡️ Getting a Restraining Order in Ontario: Key Points for Survivors

• What Is a Restraining Order?

  • Court order preventing someone you were in a relationship with from contacting or coming near you
  • Available only if you were married, common‑law, or share a child with the respondent
  • Can protect you and your children
  • Breach is a criminal offence

• Who Can Apply?

  • You and/or your children if you have a familial or intimate relationship
  • No need for police charges; fear for safety suffices
  • Applies in domestic violence, separation, or custody disputes

• Forms You Need

  1. Form 9C – Application for Non-Family Court Order
  2. Form 35.1 – Affidavit for Parenting (if children involved)
  3. Form 14 – Fee Waiver Request (if eligible)
  4. Form 6B – Affidavit of Service (after serving respondent)

• Filling Out Your Affidavit

  • Describe specific incidents: dates, locations, actions
  • Explain why you and/or your children are at risk
  • Attach supporting evidence: texts, photos, police or medical reports

• Filing and Service

  1. File forms online via the Ontario Family Law Portal or in person at the courthouse
  2. Request an urgent hearing or next available date
  3. Serve the respondent—use a process server, police, or trusted adult
  4. File Form 6B (Affidavit of Service) with the court

• Court Hearing

  • Bring all originals, copies, and witnesses
  • Explain urgency and necessity to the judge
  • Judge may issue a temporary order (short-term) or final order (long-term)

• Order Components

  • No contact: calls, texts, emails, social media, third parties
  • Exclusion zones: home, workplace, school
  • No weapons possession
  • Child custody and access terms, if applicable

• Breach of Order

  • Call police immediately for any violation
  • Save evidence: screenshots, messages, witness statements
  • Consider filing an Affidavit of Contempt for civil enforcement

• Varying or Extending the Order

  • Use Form 8B (Motion to Vary Order) in family court
  • Consult Crown Attorney or duty counsel for criminal bail conditions

• Key Takeaways

  • Restraining orders are civil protections for survivors and children
  • No criminal charges needed to apply
  • Court enforces no-contact and safety measures
  • Legal aid and duty counsel can assist with forms and hearings

• Ontario Resources

  • Legal Aid Ontario: 1-800-668-8258
  • Assaulted Women’s Helpline: 1-866-863-0511
  • Luke’s Place: Family law support for survivors
  • Barbra Schlifer Clinic: Free legal & counselling services
  • Ontario Court Forms: ontariocourtforms.on.ca
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If you’re in immediate danger, call 911 (U.S. & Canada). 24/7 confidential help: U.S. 1-800-799-SAFE • Canada 1-866-863-0511.

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