How to Get a Restraining Order in Ontario
If you are facing threats, harassment, or fear for your safety, knowing how to get a Restraining order in Ontario is an important step toward protecting yourself. This guide provides legal guidance on the process, requirements, and what to expect when seeking a court order.
While restraining orders are often used in personal and family matters, understanding the legal process can also be beneficial for business owners who may face workplace harassment or threats. If you’re a small business owner dealing with such issues, a Toronto based business lawyer can help you navigate both personal and corporate legal protections.
What Is a Restraining Order in Ontario?
A restraining order is a court order issued under the Family Law Act in Ontario. It’s intended to protect individuals — often in domestic situations — from another person who poses a risk to their safety or well-being. The order sets specific conditions that the other party must follow, such as staying away from your home, workplace, or contacting you directly.
Who Can Apply for a Restraining Order?
You can apply for a restraining order if:
- You are or were married to the other person
- You have lived together in a relationship
- You have a child with the other person
For other situations, such as workplace harassment or disputes involving a business, other legal remedies like peace bonds or civil injunctions may be more appropriate. This is where speaking with a Toronto based corporate lawyer specializing in small business cases can be crucial — they can help determine the best legal approach for your specific situation.
How to Apply for a Restraining Order
Collect any proof of threats, harassment, or violence. This could include text messages, emails, witness statements, or police reports.
You’ll need to fill out the required family court forms (Form 8: Application, Form 35.1: Affidavit, etc.). A lawyer can ensure these are completed correctly to avoid delays.
Submit your forms to the family court in your jurisdiction. Filing can be done in person or electronically via the Ontario Court Forms system.
The person you’re seeking the restraining order against must be served with the court documents, following legal service rules.
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