To remove or change a family court restraining order or a criminal Peace Bond in Ontario, you cannot simply ignore it—even if you have reconciled. You must formally file a Motion to Change in family court or apply to the criminal court to have the conditions legally revoked by a judge.
Life circumstances can change dramatically after a protective order is issued. 🔁 Sometimes, former partners attend counselling, resolve their issues, and decide to reconcile. Other times, the imminent threat that justified the order simply passes as both parties move on. However, in Canada, a piece of paper signed by a judge remains legally binding until another judge officially cancels it.
This guide explains the proper legal channels to vary (change) or revoke a restraining order or Peace Bond. Whether your order was issued at a courthouse in Toronto, Ottawa, or Thunder Bay, the legal mechanisms to lift these conditions are strict and must be followed to avoid accidental criminal charges.
Step-by-Step Process in Ontario
Attempting to bypass the court system is highly dangerous. 🚨 If you invite your ex-partner to your home while an order is active, they can still be arrested for a breach, and you cannot stop the police from laying charges. Here is how you formally remove the conditions.
Step 1: Identify the Type of Court Order
First, you must know exactly what type of order you are dealing with. A Family Law Restraining Order is issued by the Superior Court of Justice or the Ontario Court of Justice under the Family Law Act. A Peace Bond, however, is a criminal court order under Section 810 of the Criminal Code. You must apply to the specific court system that issued the original document.
Step 2: File the Correct Legal Forms
If you are modifying a family court restraining order, you generally need to file a Form 15: Motion to Change along with an Affidavit explaining why the fear of violence no longer exists. 📄 If you are trying to revoke a criminal Peace Bond, you must contact the Crown Attorney’s office and apply to the criminal court, as the Crown prosecutes these matters on behalf of the public.
Step 3: Serve the Other Party or the Crown
The court requires that all involved parties be notified. In family court, the person requesting the change must serve the other party with the Motion to Change. In criminal court, the Crown Attorney and the police must be notified that the protected person wishes to drop the Peace Bond. The Crown will heavily scrutinize this request to ensure the victim is not being coerced.
Step 4: Attend the Court Hearing
A judge must review your application and approve it. ⚔ If both parties agree to drop a family court restraining order, the judge may process a “consent order” quickly. However, for a Peace Bond, the Crown may object to dropping the conditions if they believe there is still a public safety risk, and a judge will ultimately make the final decision.
How Much Does it Cost in Ontario?
Modifying a court order involves administrative and legal expenses. 💰 Here is what you can expect the process to cost in 2026:
- Court Filing Fees: In Ontario family court, filing a Motion to Change typically costs around $163 CAD. There is no fee to apply to vary a criminal Peace Bond.
- Legal Representation: Hiring a local law firm to draft the forms and advocate for the removal of the order usually costs between $1,500 and $3,500 CAD, depending on whether the motion is contested by the other party or the Crown.
- Process Server: If you need to serve family court documents to your ex-partner safely, expect to pay a professional between $100 and $200 CAD.
| Type of Order | Court System | Required Form / Process |
|---|---|---|
| Restraining Order | Family Court | Form 15: Motion to Change |
| Peace Bond | Criminal Court | Application to Vary / Crown Approval |
| Bail Conditions | Criminal Court | Bail Variation (Consent of the Crown) |
How Long Does the Process Take?
The timeline depends entirely on whether the change is on consent. ⏳ If both parties in a family law case sign a consent form agreeing to revoke the restraining order, a judge can approve it administratively within 2 to 4 weeks. However, if the Crown opposes revoking a Peace Bond, or if one party fights the Motion to Change in family court, scheduling a hearing can take anywhere from 3 to 6 months.
Frequently Asked Questions (FAQ)
What happens if we get back together without dropping the order?
If a restraining order or Peace Bond states “no contact,” getting back together without a judge’s permission is illegal. If the police find out, the restricted partner will be arrested and charged with a criminal offence, even if the protected person invited them over.
Can the Crown refuse to drop a Peace Bond?
Yes. The Crown Attorney represents the state, not the victim. If the Crown believes there is a high risk of domestic violence, they can refuse to revoke the Peace Bond, and the conditions will remain in place until the order expires.
Do I need a lawyer to file a Motion to Change?
While you can represent yourself in family court, hiring a lawyer is strongly recommended. Attempting to lift an order involving past domestic abuse requires convincing a judge that the safety risk has truly evaporated, which is a high legal threshold.
Will removing the order affect my parenting time?
It can. If a restraining order is dropped because the parties have resolved their high-conflict issues, you can subsequently apply to update your parenting time or decision-making responsibility orders to reflect the healthier family dynamic.
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