Yes, a protected person in Ontario can apply to drop a family court restraining order by filing a Motion to Change. However, the judge will heavily scrutinize the request to ensure the victim is not being coerced, and filing this motion is completely free ($0 CAD).
Relationships are incredibly complex, and human emotions rarely follow strict legal boundaries. 💔 Sometimes, after a period of separation and personal growth, a person protected by a family court restraining order decides they want to reconcile with their former partner. If you live in Hamilton, Mississauga, or London, you might think you can simply invite them over for dinner and ignore the paperwork.
Doing so is a massive legal risk. A restraining order issued by the Superior Court of Justice or the Ontario Court of Justice is a strict legal command, not a mere suggestion. If the police find the restrained person near you, they will arrest them for breaching the order, regardless of whether you invited them. To safely and legally reunite, you must formally ask the court to revoke the order. Here is how the process works in Ontario as of May 2026.
Step-by-Step Process to Revoke a Restraining Order
Family court judges are highly protective of vulnerable individuals. 📋 If you previously testified that you were terrified of this person, a judge will not simply drop the order because you filled out a basic form. You must prove the situation has fundamentally changed.
Step 1: Seek Independent Legal Advice (ILA)
Before filing anything, it is strongly recommended that you consult your own lawyer. The court wants to see that you are making this decision with a clear understanding of your legal rights and without any pressure from the restrained person.
Your lawyer will ask you difficult questions to ensure you are safe. 🔍 If the judge suspects that the abuser is manipulating you or threatening you into dropping the order, the judge will absolutely refuse your request.
Step 2: File a Motion to Change (Form 15)
To legally alter or terminate the order, you must file a Form 15: Motion to Change in the same courthouse where the original order was granted. If both you and the restrained person agree, you can file this as a Consent Motion, which speeds up the process.
Even if the abuser agrees, the court still has the final say. ⚔ The paperwork must be filled out perfectly, clearly stating that the protected party is voluntarily requesting the termination of the restraining order.
Step 3: Swear a Detailed Affidavit
You must provide the judge with a sworn Affidavit explaining exactly why the order is no longer necessary. You cannot just say, “We made up.” You need to provide concrete evidence of a “material change in circumstances.”
For example, you should include evidence that the restrained person has successfully completed an anger management program, sought addiction treatment, or engaged in extensive individual therapy. 📝 Highlighting these proactive steps gives the judge confidence that the risk of domestic violence has genuinely decreased.
Step 4: Attend the Court Hearing
Because domestic violence is a serious issue, the judge will likely require an in-person or virtual hearing. The judge will speak to you directly to assess your body language and ensure you are speaking freely.
If the judge is satisfied that the reconciliation is safe and voluntary, they will sign a new order terminating the restraining order. 🚨 You must carry this new order with you and provide a copy to your local police department so they can update their CPIC (Canadian Police Information Centre) database.
How Much Does it Cost in Ontario?
Revoking a legal order requires paying court fees and potentially hiring legal representation. 💵 Here are the typical costs:
- Court Filing Fees: Filing a Motion to Change (Form 15) is completely free ($0 CAD) in Ontario family courts, as motions and all procedural steps related to restraining orders are exempt from court fees.
- Independent Legal Advice (ILA): A one-hour consultation with a local family lawyer to review the documents and provide an ILA certificate usually costs $250 to $500 CAD.
- Law Firm Retainer: If you hire a lawyer to draft the Motion and attend the hearing on your behalf, expect to pay between $1,500 and $3,500 CAD.
- Legal Aid Ontario: If you meet the low-income threshold, duty counsel at the courthouse may assist you in filling out the forms for free.
| Legal Action | Status of the Order | Police Response if Called |
|---|---|---|
| You invite them over verbally | Order is still active | Mandatory arrest of the abuser |
| You sign a private contract | Order is still active | Mandatory arrest of the abuser |
| Judge signs the Revocation Order | Order is legally terminated | No arrest (unless a new crime occurs) |
How Long Does the Process Take?
If you attempt to drop the order on consent (meaning both parties sign the paperwork), the process is relatively fast. ⏱ A judge can review a Consent Motion within 3 to 6 weeks, depending on the backlog at your specific courthouse.
However, if the judge has concerns about your safety and demands a full hearing, or if the Children’s Aid Society (CAS) is involved, the process can take 2 to 4 months. Until the judge officially signs the new order, the “no-contact” rules remain strictly in effect.
Frequently Asked Questions (FAQ)
Is a Family Court Restraining Order the same as a Peace Bond?
No. A restraining order is issued under the Family Law Act or Children’s Law Reform Act in family court. A Peace Bond (Section 810) is a criminal court order. If you have a criminal Peace Bond or bail conditions, you must go through the criminal justice system and the Crown Attorney to have those modified, which is exceedingly difficult.
Can I just ignore the order if we both agree?
Absolutely not. You do not own the court order; the court does. If a neighbor sees the restrained person at your house and calls the police, the police will arrest them for breaching a court order, which is a criminal offence, even if you beg the police not to.
Will dropping the order affect my decision-making responsibility for my kids?
It might. If the Children’s Aid Society (CAS) was involved due to domestic violence, reconciling with your abuser without professional clearance could trigger CAS to intervene again. They may argue that you are failing to protect the children by bringing a dangerous person back into the home.
Can the judge say no to my request?
Yes. If the judge reads the file and believes that the abuser poses an ongoing, severe threat to your life or the safety of your children, the judge has the ultimate authority to deny the Motion to Change, leaving the restraining order fully in place.
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