In Ontario, if you are experiencing violence from a common-law partner, you can apply for a Restraining Order through the Family Court. However, if the abuser is just a platonic roommate, you must apply for a Peace Bond under the Criminal Code through a Justice of the Peace or local police.
Feeling unsafe in your own home is a terrifying experience. 💔 When the person causing you fear lives under the same roof, taking immediate legal action is critical for your physical and emotional safety. In Ontario, many people mistakenly believe they can easily get a standard restraining order against anyone who threatens them. However, the legal route you must take depends entirely on your relationship with the abuser. Whether you are living in a shared apartment in Toronto or a house in Ottawa, the law treats intimate partners very differently from platonic roommates.
Understanding this distinction will save you crucial time when seeking protection. 📑 If you apply to the wrong court, your application will be dismissed, leaving you vulnerable. A Restraining Order is governed by the Family Law Act and is strictly for former or current spouses, common-law partners, or people who share a child. Conversely, if you just rent a room together and have no romantic history, you must navigate the criminal justice system to obtain a Peace Bond.
Step-by-Step Process in Ontario for Protection Orders
Getting legal protection requires following the correct procedural steps based on your specific situation. 📋 While both orders demand that the abuser stay away from you and your residence, the methods to obtain them are completely different. It is generally highly recommended to consult with a local law firm to ensure your safety plan is legally sound.
Step 1: Identify the Correct Legal Route
First, honestly assess the nature of the relationship. 🤔 If you have lived together in a marriage-like relationship (common-law) or have a child together, you fall under family law. If the person is simply a friend, a tenant, or a stranger you found on a rental website, they are a platonic roommate, and you must use the Criminal Code of Canada to seek a Peace Bond.
Step 2: Applying for a Family Court Restraining Order
If the abuser is an intimate partner, you will apply at the Ontario Court of Justice or the Superior Court of Justice. 🏢 Your lawyer will help you file an Application outlining the history of domestic violence, threats, or stalking. In emergencies where you are in immediate danger, you can file an “ex parte” motion, meaning the judge will hear your case urgently without notifying your ex-partner beforehand.
Step 3: Applying for a Peace Bond Against a Roommate
For a platonic roommate, you do not go to Family Court. 👮 Instead, you must contact your local police station or visit a criminal courthouse to swear an information before a Justice of the Peace. You must state under oath that you have a reasonable fear that your roommate will cause personal injury to you, damage your property, or harm your pets.
Step 4: Gathering Evidence for the Hearing
Both processes require concrete evidence; a judge will not grant an order on a simple hunch. 📱 You must compile text messages, threatening emails, voicemails, and any previous police reports. Keep a detailed journal of their violent behaviour, dates of incidents, and names of any witnesses who saw the roommate or common-law partner act aggressively towards you.
How Much Does it Cost in Ontario?
The financial cost of securing your safety varies wildly depending on which route you must take. 💵 While the criminal route is generally free, navigating the family court system often requires professional legal assistance. Here is a breakdown of what residents in Ontario might expect to pay in 2026:
| Type of Protection | Estimated Cost (CAD) | Details |
|---|---|---|
| Peace Bond (Roommate) | $0 | Administered through the criminal court system. There are no filing fees to apply before a Justice of the Peace. |
| Family Restraining Order (Partner) | $0 | There are no family court filing fees to apply for a Restraining Order under Ontario’s Family Law Act. |
| Lawyer Fees (Peace Bond Advice) | $500 – $1,500 | Hiring a law firm to guide you through the criminal complaint process and advocate for you. |
| Lawyer Fees (Family Court Order) | $2,500 – $5,000+ | Drafting urgent affidavits and representing you before a Family Court judge. |
How Long Does the Process Take?
Time is of the essence when dealing with violence. ⏱ An urgent, ex parte Restraining Order against a common-law partner can often be granted by a family judge within 24 to 48 hours. Conversely, scheduling a Peace Bond hearing for a roommate can take anywhere from 2 to 8 weeks depending on the local court backlog, though police can sometimes impose immediate conditions if an indictable offence like assault has actually occurred.
Frequently Asked Questions (FAQ)
Can I legally kick my roommate out if I get a Peace Bond?
If the Justice of the Peace includes a “no-contact” and “do not attend residence” condition in the Peace Bond, your roommate will be legally barred from returning to the apartment, effectively forcing them to move out. However, they may still have rights regarding their belongings under the Residential Tenancies Act.
Does a Peace Bond give my roommate a criminal record?
No. Signing a Peace Bond is not a conviction for a summary conviction or an indictable offence. It is a preventative court order. However, if they breach the conditions of the Peace Bond, that breach is a criminal offence that will result in an arrest and a criminal record.
What if we only dated for a month? Can I use Family Court?
Generally, no. Ontario Family Court restraining orders require the parties to have been married, lived together in a common-law relationship, or share a child. A brief dating relationship where you never lived together usually requires you to seek a Peace Bond instead.
Do I need to be physically assaulted to get protection?
Absolutely not. You do not need to wait until you are hit. Emotional abuse, severe stalking, property damage, and credible verbal threats are fully sufficient grounds to obtain either a Family Court Restraining Order or a Peace Bond in Ontario.
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