How to Get a Restraining/Protection Order in Toronto

Step 1: Assess Your Situation

Before starting the process, evaluate your circumstances. Consider your safety and whether a restraining order is the best course of action. If you are in immediate danger, please contact local emergency services immediately.

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Step 2: Gather Necessary Information

Collect details about the individual you wish to seek a restraining order against, including their name, address, and any relevant incidents that have occurred. This information is essential in the application process.

Step 3: Consult a Legal Professional

It's important to seek legal advice tailored to your situation. A qualified local attorney can provide you with information specific to Ontario laws and guide you through the application process.

Step 4: Complete the Application

You will need to fill out the appropriate forms to request a restraining order. Your lawyer can assist you in ensuring all necessary information is included and accurately presented.

Step 5: File Your Application

Once your application is complete, file it at your local courthouse in Toronto. Make sure to keep copies of all documents for your records.

What to Bring / Document Checklist

Identification (e.g., driver's license, health card)
Details of incidents (dates, times, locations)
Correspondence or communication records with the individual
Any witnesses’ contact information
Legal representation details, if applicable

What Happens Next

After filing your application, a court hearing will be scheduled. During the hearing, you will have the opportunity to present your case. The judge will consider the evidence and make a decision regarding the restraining order. If granted, it will outline the conditions the individual must follow.

Frequently Asked Questions

1. How long does a restraining order last?: The duration can vary, typically lasting from a few months to several years, depending on the case.
2. Can I modify the restraining order?: Yes, you can apply to the court to modify the terms of the order if circumstances change.
3. What if the individual violates the restraining order?: Violating a restraining order is a legal offense. You should contact law enforcement immediately.
4. Do I need a lawyer to get a restraining order?: While it's not mandatory, having a lawyer can help navigate the process more effectively.
5. Can I get a restraining order against someone I don’t live with?: Yes, restraining orders can be sought against individuals regardless of your living situation.

If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.