In Ontario, you can absolutely get a family court restraining order against a common-law partner under the Family Law Act, provided you have lived together. You do not need to be legally married, and filing for this protection at the local courthouse generally carries no mandatory court fees.
Leaving an abusive relationship is often the most dangerous time for a victim, and seeking legal protection is a crucial step towards securing your safety. 👪 Many people mistakenly believe that family court protections are reserved only for legally married couples. However, Ontario law recognizes the severe risks involved in all domestic partnerships and provides legal avenues to keep you safe regardless of your marital status.
This guide will explain exactly how common-law partners can apply for a restraining order in the province. Whether you are currently living in Toronto, Ottawa, Mississauga, or any other municipality in Ontario, the rules governing family violence and protective orders are standardized across the provincial justice system.
Step-by-Step Process in Ontario
Getting a restraining order involves demonstrating to a judge that you have reasonable grounds to fear for your safety or the safety of your children. 📍 The Ontario family court system has specific forms and procedures you must follow to secure this order against a former common-law partner.
Step 1: Confirm Your Cohabitation Status
Before applying in family court, you must ensure you meet the legal criteria under Section 46 of the Family Law Act. The law requires that you and the abusive partner must have cohabited for any period of time, or that you are married or former spouses. Unlike other areas of family law like spousal support, there is no requirement to have lived together for a minimum of three years or to have had a relationship of some permanence. As long as you resided together for any duration, you meet the threshold to apply. If you only dated and never actually cohabited, you cannot use the family court system and must instead apply for a Peace Bond through the criminal courts.
Step 2: Complete the Required Family Court Forms
If you meet the cohabitation or parenting requirements, your next step is preparing your application. 📄 Under the Family Law Rules, you cannot simply submit an affidavit alone. You must complete three essential documents: Form 8: Application to formally request the order, Form 14: Notice of Motion to schedule the hearing for a temporary or urgent order, and Form 14A: Affidavit, which is your sworn written statement. In your affidavit, you must clearly detail the history of abuse, including specific dates, locations, and incidents of violence or coercive control. Additionally, you must complete the mandatory CPIC Restraining Order Information Form, which is required for court staff to register your order with local police databases for rapid enforcement.
Step 3: File at the Local Courthouse
Once your paperwork is complete and your affidavit is sworn before a commissioner of oaths, you must file the documents. You will take these forms to the family counter at the Superior Court of Justice or the Ontario Court of Justice in your municipality. The court clerk will process your application and issue a court date where a judge will review your evidence.
Step 4: Serve the Documents Safely
The law requires that your ex-partner be notified of the legal action, but you must prioritize your safety. ⚔ You are strictly prohibited from serving these documents yourself in domestic violence cases. You must use a professional process server, a police officer in some jurisdictions, or a trusted third party over the age of 18 to hand the paperwork to your ex-partner.
How Much Does it Cost in Ontario?
The financial burden of escaping abuse should never stop you from seeking protection. 💰 Here is a realistic breakdown of the costs you might encounter in Ontario as of 2026:
- Court Filing Fees: The Superior Court of Justice generally waives standard filing fees for applications that exclusively seek a restraining order due to family violence.
- Lawyer Fees: If you hire a private family law firm to draft your materials and represent you in court, expect to pay between $2,500 and $5,000 CAD depending on the complexity of the case.
- Process Server Fees: Hiring a professional to safely deliver the documents to your abuser typically costs between $100 and $250 CAD.
- Free Legal Aid: If you are fleeing domestic violence, Legal Aid Ontario provides free Duty Counsel services at the courthouse and may issue a certificate to cover a private lawyer’s fees entirely.
| Relationship Type | Court System | Protection Available |
|---|---|---|
| Married | Family Court | Restraining Order |
| Common-Law (Lived Together) | Family Court | Restraining Order |
| Dating (Never Lived Together) | Criminal Court | Peace Bond |
How Long Does the Process Take?
The timeline heavily depends on the immediate danger you are facing. ⏳ If there is an imminent threat to your life or safety, a lawyer can file an urgent, ex parte motion. In Ontario, a judge can review an urgent motion within 24 to 48 hours and grant a temporary restraining order without your ex-partner being present. If the situation is not deemed an immediate emergency, the standard court process requires serving the documents and waiting for a scheduled hearing, which typically takes 2 to 4 weeks.
Frequently Asked Questions (FAQ)
Does a restraining order affect spousal support or parenting time?
Yes, significantly. If a judge grants a restraining order, they will heavily consider this history of family violence when determining decision-making responsibility and parenting time. The abusive partner will likely only be granted supervised parenting time to ensure the safety of the children, though spousal support obligations remain entirely separate and must still be paid.
Can a common-law partner be kicked out of the house?
Generally, if you own the home or are on the lease, a restraining order will effectively force the abusive partner to leave the residence. However, common-law partners do not have the same automatic possession rights to a matrimonial home as married couples do in Ontario, so property rights will need to be addressed separately.
What happens if my common-law ex breaches the order?
A breach of a family court restraining order is a serious federal criminal offence. Under Section 127 of the Criminal Code of Canada (disobeying a court order), anyone who wilfully disobeys a restraining order is guilty of a criminal offence and can face up to two years of imprisonment. In Ontario, any provincial offence provisions for breaching family law restraining orders have been repealed, meaning breaches are prosecuted exclusively as federal criminal offences. You must call 911 immediately if a breach occurs. Police have the authority to arrest your ex-partner, who can then be held for a criminal bail hearing.
Do I need a lawyer to get a restraining order?
No, you are not legally required to hire a lawyer. You can represent yourself in Ontario family court. However, consulting with a family law firm or speaking to Duty Counsel at your local courthouse is highly recommended to ensure your application is filled out correctly and presents the strongest possible evidence.
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