In Ontario, a family court restraining order does not last forever by default. An Ontario judge determines the specific duration, which typically ranges from 1 to 3 years. However, in cases of extreme, ongoing danger, a judge has the authority to issue a permanent, indefinite restraining order.
Securing a restraining order against an abusive ex-partner brings a massive wave of relief. Knowing that the police have the authority to arrest them if they come near your home or workplace allows you to finally sleep peacefully. 📝
However, many victims in Ontario mistakenly believe that once the judge signs the paper, the protection lasts for the rest of their lives. Under the Family Law Act and the Children’s Law Reform Act, family court restraining orders usually have a built-in expiration date.
This guide will explain how judges determine the length of a restraining order, how to read your specific court document to find the expiry date, and the legal steps you must take to extend the protection before it runs out. We will also discuss when consulting a local family law firm is crucial to keeping your family safe.
Step-by-Step Process to Extend or Terminate in Ontario
Whether your restraining order was issued in London, Brampton, Toronto, or Sudbury, the rules regarding its lifespan are strictly enforced. The police cannot enforce an expired order, even if it is only one day past the deadline. 📍
If your abuser continues to pose a threat as the expiry date approaches, you must take proactive legal steps to renew the order. Do not wait until the last minute.
Step 1: Check the Expiry Date on Your Order
The first step is to carefully read the final formal order signed by the judge. The duration will be explicitly written on the document. ❗
It will usually state something like, “This order shall remain in effect until March 25, 2029, unless changed by a further order of this court.” If the order does not list a specific end date, it might be an indefinite order, but you should always have a lawyer confirm this to avoid any dangerous misunderstandings.
Step 2: Assess the Ongoing Risk
If your order is set to expire in a few months, evaluate your current safety. Has the abuser completely left you alone and moved on with their life? Or are they still sending harassing emails, tracking your social media, or threatening your family?
To convince a judge to extend the order, you must prove that you still have “reasonable grounds” to fear for your safety or the safety of your children. You must gather any new evidence of stalking, threats, or aggressive behaviour that occurred while the current order was in place.
Step 3: File a Motion to Change (Form 15)
If you need the protection extended, you must file a Form 15 (Motion to Change) at the same family courthouse that issued the original order. You should file this motion several months before the current order expires. 💪
Along with the Form 15, you must submit a sworn affidavit detailing why you are still terrified of your ex-partner. You must serve these documents to the abuser, allowing them the opportunity to argue against the extension.
Step 4: Attend the Virtual Hearing
You will attend a hearing before a judge at the Superior Court of Justice or the Ontario Court of Justice. The judge will review your new evidence and the abuser’s behaviour over the past few years.
If the judge agrees that the threat is ongoing, they can renew the restraining order for another fixed term (e.g., another 3 years) or, if the harassment is relentless, upgrade it to a permanent, indefinite order.
How Much Does it Cost in Ontario?
The Ontario government ensures that victims of domestic violence are not priced out of their own safety. The court administrative fees for family protection orders are generally waived. 💰
Here is a breakdown of the typical costs you might face when renewing an order:
| Service / Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Filing a Motion for Restraining Order | $0 (Free court fee) | Government of Ontario |
| Professional Process Server | $100 – $300 | The Applicant (or Legal Aid) |
| Lawyer (Drafting Motion to Extend) | $1,500 – $3,500+ Flat Fee | Applicant (Waived if on Legal Aid) |
| Contested Hearing over Extension | $5,000 – $10,000+ | Each side pays their own |
If you are low-income or fleeing domestic abuse, Legal Aid Ontario frequently provides certificates to cover the entire cost of a private family lawyer to assist you with a restraining order extension.
How Long Does the Process Take?
The duration of the actual restraining order is typically set by the judge for 1 to 3 years. In severe cases involving physical assault or weapons, a judge may issue it for 5 years or indefinitely. ⏱
If you need to file a Motion to Change to extend an expiring order, the court process takes time. Filing the paperwork and waiting for a hearing date usually takes 2 to 4 months due to ongoing family court backlogs.
Because of this delay, you must file your extension paperwork well in advance. If you file the motion while your current order is still active, the judge will typically keep the existing protection in place temporarily until the formal hearing can be held.
Frequently Asked Questions (FAQ)
Does a peace bond last as long as a restraining order?
No. A peace bond, which is issued by a criminal court under the Criminal Code, has a strict maximum duration of exactly 1 year (12 months). A family court restraining order is much more flexible and can last for several years or even permanently.
Can I cancel the restraining order if we get back together?
Yes, but you cannot simply ignore it. A court order remains active until a judge says otherwise. If you reconcile, you must file a Motion to Change asking the judge to formally terminate the restraining order. If you do not, the police can still arrest your partner for being near you.
Is a family court restraining order on their criminal record?
Getting a family court restraining order issued against you is a civil family matter, not a criminal conviction. However, it will show up on severe police background checks (like a vulnerable sector check). If the abuser breaches the order, they will be arrested and that breach will result in a permanent criminal record.
Can my abuser fight the extension?
Yes. The abuser has the legal right to file responding affidavits and argue that they have rehabilitated, taken anger management courses, and no longer pose a threat. The judge will weigh both sets of evidence before deciding whether to renew the order.
Should I hire a law firm to extend my restraining order?
If your abuser is fighting the extension and claiming you are lying, hiring a local family law firm or utilizing Legal Aid is highly recommended. A lawyer knows how to cross-examine the abuser in court and present the factual evidence needed to prove your ongoing fear is justified.
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