If you are in immediate danger in Ontario, you can file an emergency “ex parte” motion for a restraining order. A family court judge will typically review your application and issue a temporary protective order within 24 to 48 hours, without notifying the abusive partner beforehand.
Fleeing domestic violence is an incredibly dangerous and terrifying time for any family. If your ex-partner is threatening you, stalking you, or posing a severe risk to your children, you cannot afford to wait months for a standard family court hearing. 📝
In Ontario, the justice system provides a rapid response mechanism called an “ex parte” motion. This legal Latin term simply means “without notice.” It allows you to speak to a judge and secure a temporary restraining order before your abuser even knows you are taking legal action.
This guide will explain exactly how the ex parte process works, the high level of evidence required by the Superior Court of Justice or the Ontario Court of Justice, and what happens at the mandatory follow-up hearing. We will also discuss how local law firms and legal clinics can help you file these urgent documents safely.
Step-by-Step Process in Ontario
Whether you are seeking protection in Toronto, Ottawa, Mississauga, or Hamilton, the rules for emergency family court motions are extremely strict. Judges do not grant these orders lightly, as they temporarily strip the other person of their rights without giving them a chance to speak. 📍
You must prove that giving your ex-partner standard notice would put you or your children at immediate risk of serious physical or emotional harm.
Step 1: Confirm Your Eligibility
Under the Family Law Act or the Children’s Law Reform Act, you can apply for a family court restraining order against someone if you were married to them, lived together for any period of time, or share a child together. ❗ Importantly, you do not need to meet the standard three-year threshold for common-law status; under Section 46(2)(b) of the Family Law Act, cohabiting for even a few days or weeks qualifies you to seek this protection.
If you are being stalked by a stranger or a co-worker with whom you have never lived or shared a child, you cannot use the family court. You must contact the police to pursue a peace bond under the Criminal Code instead. For domestic situations, the family court is usually the appropriate venue.
Step 2: Prepare the Urgent Motion Materials
To ask for an ex parte order, you must complete a Form 14 (Notice of Motion) and a highly detailed Form 14A (Affidavit). In your sworn affidavit, you must outline the exact history of the abuse, including dates, times, and specific threats.
Crucially, if you do not already have an active family court case open, you must also file an originating Form 8: Application (General) to open your file. Furthermore, if children are involved, you must submit Form 35.1: Affidavit (regarding parenting arrangements), and you must always complete a CPIC Restraining Order Information Form so the court clerk can upload the order into the police database immediately once signed.
You must clearly explain why waiting the standard timeframe would be dangerous. Attach concrete evidence if you have it, such as threatening text messages, photographs of injuries, or previous police reports involving domestic violence.
Step 3: File the Ex Parte Motion at Court
You or your lawyer will file the urgent motion at the local family courthouse. Because it is an emergency, the court clerk will fast-track your file directly to a judge.
The judge will review your affidavit behind closed doors. If they agree that you face imminent harm, they will immediately sign a temporary ex parte restraining order. This order can restrict your ex-partner from coming within 500 metres of your home, your workplace, and your children’s school.
Step 4: The Mandatory 14-Day Return Hearing
An ex parte order is only a temporary, emergency shield. Because your ex-partner was not allowed to defend themselves, the law requires the court to schedule a “return date” hearing within a maximum of 14 days.
You must use a professional process server or the police to serve the temporary order and your affidavit to your ex-partner. At the 14-day hearing, the judge will listen to both sides and decide whether to extend the restraining order, modify its terms, or cancel it entirely.
How Much Does it Cost in Ontario?
The Ontario government ensures that victims of domestic violence are not prevented from seeking safety due to court fees. There is no fee to file for a restraining order.
However, securing legal representation for an urgent motion usually involves costs, unless you qualify for Legal Aid Ontario:
| Service / Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Court Filing Fee (Restraining Order) | $0 (Free) | Government of Ontario |
| Professional Process Server | $100 – $300 | The Applicant (or Legal Aid) |
| Lawyer (Urgent Motion Prep) | $2,500 – $5,000+ Flat or Hourly | Applicant (Waived if on Legal Aid) |
| Police Enforcement (If breached) | $0 (Free public service) | Taxpayers / Municipality |
If you are fleeing abuse and cannot afford a lawyer, you should immediately contact Legal Aid Ontario or a local community legal clinic. They can frequently provide an emergency certificate giving you two free hours of immediate legal advice or full representation for your motion.
How Long Does the Process Take?
The ex parte process is designed for maximum speed. Once your urgent motion is filed at the courthouse, a judge will typically review your affidavit and issue the temporary restraining order within 24 to 48 hours. ⏱
Once the judge signs the order, it takes effect immediately. You can show this order to local police to ensure your abuser is arrested if they approach your home.
The temporary order will remain in place until the mandatory return hearing, which is scheduled exactly 14 days later. If the judge decides to extend the protection at that hearing, the final restraining order can last for years.
Frequently Asked Questions (FAQ)
What happens if my ex-partner violates the restraining order?
A family court restraining order is strictly enforced by the police. If your ex-partner breaches the distance restrictions or contacts you illegally, it becomes a criminal offence. You must call 911 immediately. They can be arrested, charged under the Criminal Code, and held in jail.
Can I get an ex parte order just to win child custody?
Absolutely not. Family court judges despise when parents use emergency motions for a tactical advantage in a standard separation. If a judge discovers you exaggerated or lied about the danger just to get immediate decision-making responsibility, you will severely damage your credibility and may be ordered to pay massive legal costs.
Do I have to serve the ex parte order myself?
No. In cases of domestic violence, you must never serve the documents yourself. You must hire a professional process server, or in high-risk situations, the local police can assist in serving the restraining order to the abuser to ensure your safety.
What is the difference between a restraining order and a peace bond?
A restraining order is issued by a family court and requires you to have a domestic relationship (married, common-law, or sharing a child) with the abuser. A peace bond is issued by a criminal court and can be taken out against anyone, including a stranger, a neighbour, or a co-worker.
Should I hire a law firm for an ex parte motion?
Yes. Drafting an urgent affidavit that clearly proves imminent harm requires specialized legal formatting. A local family law firm or a Legal Aid duty counsel knows exactly how to present your evidence to a judge to ensure the protective order is granted without delay.
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