In Ontario, you can protect yourself from post-separation abuse by applying for a Restraining Order through the Family Court, or a Peace Bond through the criminal courts. To secure an order, you must prove a reasonable fear for your safety or the safety of your children.
Leaving an abusive relationship is an incredibly brave step, but unfortunately, the danger does not always end when the relationship does. Post-separation abuse is a recognized and highly dangerous phenomenon in Ontario. Often, abusers escalate their behaviour when they realize they are losing control, resorting to persistent stalking, threatening text messages, or showing up uninvited to your workplace in cities like Toronto, Mississauga, or Hamilton.
You do not have to live in fear. 📋 Ontario law provides powerful tools to keep abusers away from you, your home, and your children. Depending on your situation, a family lawyer can help you secure a Restraining Order under the Family Law Act or the Children’s Law Reform Act. Alternatively, you can seek a Peace Bond under the Criminal Code of Canada. This guide will walk you through the process of obtaining legal protection and reclaiming your peace of mind.
Step-by-Step Process for Seeking Protection in Ontario
Taking legal action against a former partner requires evidence and the correct legal venue. Here is how you can navigate the Ontario justice system to secure a protective order.
Step 1: Document the Harassment
Courts require evidence, not just allegations. 📱 Keep a detailed log of every unwanted contact. Save voicemails, screenshot text messages, and record the dates and times your ex-partner showed up uninvited. If they are stalking you or threatening violence, call the police immediately and obtain an incident report number. This evidence is the foundation of your application.
Step 2: Choose Between a Peace Bond and a Restraining Order
You must decide which legal route fits your situation. A Restraining Order is issued by the Family Court (Superior Court of Justice). It is available if you were married, lived together, or have a child together. A Peace Bond is issued through the criminal court system and can be applied for against anyone (even if you just dated briefly). A family law firm can advise which is strategically better for your case.
Step 3: Complete the Family Court Forms (For Restraining Orders)
If pursuing a Restraining Order, you must complete Form 8 (Application) outlining the details of your family law case. 📝 If you are in immediate danger, your lawyer will file a Form 14 (Notice of Motion) alongside a Form 14A (Affidavit) asking for an urgent, temporary Restraining Order on an ex parte basis (meaning the abuser is not notified until after the judge signs the emergency order).
Step 4: Swear a Detailed Affidavit
Your lawyer will draft an Affidavit, which is a sworn written statement outlining the history of the abuse. You must swear under oath that the contents are true. The judge will read this document to determine if your fear is objectively reasonable. Be specific: detail the worst incidents of physical violence, psychological abuse, and post-separation stalking.
Step 5: Attend the Court Hearing
You will need to attend a hearing, either in person or via Zoom. ⚔️ If you applied for a Peace Bond, a Crown Attorney usually handles the prosecution. If you applied for a Restraining Order, your family lawyer will argue your case. Once the judge grants the order, it will be registered with CPIC (the police database), meaning any officer in Canada can arrest your ex for violating it.
How Much Does it Cost in Ontario?
The cost of securing protection depends heavily on whether you use the criminal or family court system.
- Criminal Peace Bond: Generally $0 CAD. You report to the police or a Justice of the Peace, and the Crown handles the case at no cost to you.
- Family Court Filing Fees: $0 CAD. Ontario does not charge court filing fees for Restraining Orders or motions related to domestic violence.
- Family Lawyer Retainer: Hiring a law firm to draft emergency motions and represent you in Family Court typically costs between $2,500 and $5,000 CAD.
- Legal Aid Ontario: If you are experiencing domestic violence and meet financial criteria, you may qualify for a 2-hour free consultation or a full Legal Aid certificate to cover lawyer fees.
Securing your safety is paramount, and there are resources available if funds are tight. 💰
How Long Does the Process Take?
If you are in immediate danger, an urgent ex parte Restraining Order can be granted by an Ontario judge within 24 to 48 hours of filing the paperwork. For standard, non-urgent Restraining Order applications, it may take 2 to 4 weeks to get a court date. If you apply for a Peace Bond through a Justice of the Peace without police assistance, securing a hearing date can take several months due to court backlogs.
Frequently Asked Questions (FAQ)
What is the difference between a Peace Bond and a Restraining Order?
A Peace Bond is a criminal court order that lasts for up to 12 months and can be issued against anyone. A Restraining Order is a family court order that can last indefinitely, but is only available against a spouse, former cohabitant, or co-parent.
What happens if they violate the Restraining Order?
Violating an Ontario Restraining Order or Peace Bond is a criminal offence. You should call 911 immediately. The police will arrest the abuser, and they can face significant jail time for the breach.
Does a Restraining Order affect child custody?
Yes, it can. If the court believes the abuser poses a risk to the children, the Restraining Order can prohibit contact with the kids, or limit contact to professionally supervised parenting time.
Can I get a restraining order if we just went on a few dates?
No, you cannot get a Family Court Restraining Order unless you lived together or share a child. However, you can apply for a criminal Peace Bond against a stalker or a casual ex-partner.
Will this show up on their background check?
Yes. Both Peace Bonds and Restraining Orders are entered into the Canadian Police Information Centre (CPIC) database. They will likely appear on Vulnerable Sector Checks and could impact their employment.
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