Yes. An Ontario family court judge can issue a restraining order with specific distance parameters, legally preventing an abusive ex-partner from coming within a certain radius (e.g., 500 metres) of your child’s school or daycare. Violating these distance parameters is a criminal offence.
Protecting Children at School from Family Violence
When escaping an abusive relationship, ensuring the physical safety of your children is your highest priority. Many victims of domestic violence worry that their ex-partner will bypass their home and attempt to confront or abduct the children directly from their school. 📍 In Ontario cities like Toronto, Hamilton, and Sudbury, family courts take these fears very seriously. Under Section 46 of the Family Law Act or Section 35 of the Children’s Law Reform Act, a judge has the power to restrict an abuser’s movements heavily.
A restraining order is a powerful legal shield. It is not just a suggestion; it is a strict mandate enforced by local police. To be effective, the order must be drafted with precise geographical boundaries, explicitly naming the educational facilities the children attend. Retaining a skilled family lawyer from our directory is essential to ensure your application includes these critical, specific parameters.
Step-by-Step Process to Secure School Distance Parameters
Securing a comprehensive restraining order requires providing the court with concrete evidence of why the distance parameter is necessary for the child’s safety. Here is how the process generally works in Ontario.
Step 1: Applying for the Restraining Order
You must file a Form 8 Application (if starting a new case) or a Form 14 Notice of Motion (if a case is ongoing). Crucially, you must submit a sworn Form 14A: Affidavit (General). In this document, you must clearly articulate your reasonable fear for your safety and the safety of your children. Detail any past incidents of family violence, threats of abduction, or erratic behaviour near the children.
Step 2: Requesting Specific Geographic Restrictions
Generic orders stating “do not harass the applicant” are difficult to enforce. Your lawyer will draft the order to include specific “no-go zones.” 📝 The order should state that the respondent must not come within a specific radius (usually 500 metres) of the child’s specific school address, daycare facility, and your primary residence.
Step 3: Attending the Court Hearing
If you are in immediate danger, your lawyer can request an “ex parte” hearing, meaning the judge hears your evidence without your ex-spouse present. The judge will issue a temporary restraining order immediately. A return date will be scheduled shortly after so the ex-spouse has an opportunity to present their side, but the protective parameters remain in place during the interim.
Step 4: Serving the School Administration
Once the judge signs the restraining order, you must provide a certified copy to the child’s school. Schedule a meeting with the principal and the School Resource Officer (SRO) if the school has one. They will place the order in the child’s Ontario Student Record (OSR) and notify the teachers and recess monitors to immediately call 911 if the ex-partner is spotted near the school grounds.
Step 5: Police Enforcement
If the ex-partner breaches the 500-metre radius, they are committing a crime. Under Section 127 of the Criminal Code of Canada (disobeying a court order), local police have the authority to arrest the individual immediately upon arrival. You do not need to wait for family court to enforce it; you dial 911.
How Much Does it Cost in Ontario?
The cost of obtaining a restraining order varies based on the court and the complexity of your family law matter. As of May 2026, consider the following estimates:
| Court Filing Fees | Filing for a restraining order is completely free ($0 CAD) at both the Ontario Court of Justice and the Superior Court of Justice. |
| Process Server Fees | You cannot serve the restraining order on your ex-partner yourself. Hiring a professional process server or utilizing local police to serve the documents costs roughly $100 CAD to $200 CAD. |
| Lawyer Fees | Drafting the complex affidavits and representing you in court for an urgent restraining order typically ranges from $2,500 CAD to $6,000 CAD. |
How Long Does the Process Take?
In cases of clear, documented danger, an urgent ex parte restraining order can be granted by a judge within 1 to 3 days. 🕑 If the situation is less urgent and proceeds via a standard motion on notice, it may take 3 to 6 weeks for a hearing. Once granted, a restraining order can last for a specific time period (e.g., 1 year) or permanently, depending on the judge’s ruling.
Frequently Asked Questions (FAQ)
What happens if my child changes schools?
If your restraining order lists a specific school address, it will not automatically cover the new school. Your lawyer should ensure the order includes language such as “or any school or childcare facility the child may attend” to prevent having to return to court for an update.
Can my ex still get the child’s report cards?
Generally, a parent retains the right to ask the school for information about their child’s health and education, even without parenting time. However, if the judge completely strips them of decision-making responsibility and access, the school will legally block them from receiving report cards.
What if they accidentally drive past the school?
A restraining order is a strict boundary. If the order says “stay 500 metres away,” driving past the school is a breach. While police use discretion, the ex-partner is legally obligated to find an alternate route for their daily commute.
Should I call my lawyer or the police if they show up?
Always call 911 first. Your physical safety and the safety of your children is the priority. Once the police have secured the area and addressed the criminal breach, you can notify your family lawyer to update the court.
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