Understanding Restraining Orders in Canada

1. Introduction

Restraining orders are critical legal tools in Canada, designed to protect individuals from harm or harassment. Governed primarily by provincial family law statutes, these orders are commonly used in cases of domestic disputes, stalking, or threats of violence. At Guruveer Sangha Law, we guide clients through the process of obtaining or contesting restraining orders, ensuring their rights are protected.

2. What Is a Restraining Order?

A restraining order is a court-issued document that prohibits an individual from contacting or approaching another person. These orders are typically sought in family court and are aimed at preventing harm, harassment, or intimidation. Unlike peace bonds, restraining orders do not require the involvement of criminal charges. They are authorized under various provincial family law statutes, such as the Family Law Act in Ontario.

Restraining orders are civil in nature but carry significant legal weight. A breach of a restraining order may result in criminal charges under Section 127 of the Criminal Code of Canada, which penalizes disobedience of a court order.

3. When Are Restraining Orders Issued?

Restraining orders are commonly issued in situations where:

• A person feels threatened or harassed by a current or former partner.
• There are allegations of domestic violence or abuse.
• One party fears for their safety or the safety of their children.

Courts issue restraining orders based on a “balance of probabilities” standard, meaning the judge must believe it is more likely than not that the applicant’s fears are reasonable. The applicant must demonstrate:

1. A pattern of behaviour that indicates harassment, stalking, or threats.
2. Reasonable fear of harm to themselves or their children.
3. Specific incidents or evidence supporting their claims, such as police reports or eyewitness accounts.

4. How to Obtain a Restraining Order

To obtain a restraining order, the applicant must file a request with the family court. The process typically includes:

1. Filing an Application: Submit detailed documents outlining the reasons for the request. This includes completing the appropriate forms as prescribed by provincial family law regulations.
2. Providing Evidence: Include evidence such as text messages, emails, police reports, or witness statements that demonstrate harassment or threats.
3. Attending a Hearing: The court may require both parties to attend a hearing to present their case. During this hearing, the judge will assess the evidence and credibility of both parties.
4. Court Decision: If the court finds sufficient evidence, it will issue a restraining order outlining specific conditions. Temporary restraining orders may be issued while the final decision is pending.

5. Conditions Typically Included in Restraining Orders

Restraining orders often include the following conditions:

• No Contact Orders: Prohibiting direct or indirect communication with the protected person.
• Exclusion Zones: Prohibition from attending specific locations, such as the applicant’s home, workplace, or school.
• Proximity Restrictions: Maintaining a specified distance (e.g., 100 meters) from the protected person.
• Additional Safety Measures: Compliance with any additional terms the court deems necessary for the applicant’s safety.

6. Penalties for Violating a Restraining Order

Violating a restraining order is a serious offence. Under Section 127 of the Criminal Code of Canada, penalties for breaching a restraining order may include:

• Criminal Charges: The violator may face charges for disobeying a court order.
• Fines: Monetary penalties as determined by the court.
• Probation: Additional restrictions imposed by the court as part of a probationary period.
• Custodial Sentences: Incarceration, particularly for repeated or severe violations.

Sentencing considerations often include the nature of the breach, any prior violations, and the impact on the protected individual. Repeat breaches may lead to harsher penalties, including longer custodial sentences.
For more details on breaches, see our Breaches and Breach of Conditions page.

7. Restraining Orders in Domestic Cases

Restraining orders are particularly valuable in domestic violence cases and are often sought alongside criminal measures such as peace bonds or no-contact orders. These orders are critical for:

• Preventing further harassment, intimidation, or abuse.
• Establishing clear legal boundaries during separation or divorce.
• Ensuring the safety of children who may also be at risk.

For cases involving domestic violence, restraining orders may include additional protective measures, such as supervised visitation or mandatory counselling for the respondent. To learn more, visit our Domestic Violence Offences page.