Family Law · Ontario
A restraining order lawyer can assess eligibility, safety evidence and the terms needed for a family-court protection order.
View all Family Law servicesDiscuss your matter with Dildeep Sahi in a free consultation.
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A family restraining order can limit contact or proximity to protect safety. It is different from criminal release conditions or a peace bond. Eligibility and evidence must meet the applicable legal test; a disagreement alone is not enough.
Section 46 of the Family Law Act applies to spouses, former spouses and people who live or have lived together. It requires reasonable grounds to fear for the applicant’s safety or a child in their lawful custody. Section 35 of the Children’s Law Reform Act provides a separate route with different wording that may be relevant to parents who have not lived together.
Counsel identifies the legal route, organizes safety evidence and proposes clear conditions. Advice considers urgency, notice, existing criminal orders, parenting arrangements and a safe method of contact.
A family restraining order requires the applicable statutory grounds, including reasonable grounds to fear for the safety of the applicant or a child in their lawful custody. Under the Family Law Act, the relationship requirement includes spouses, former spouses and people who have cohabited. Other legislation may provide a relevant route depending on the circumstances.
The Children’s Law Reform Act has a separate restraining-order provision that may be relevant to parents who have not lived together. Counsel should check the correct authority and current eligibility requirements rather than assume every safety concern fits the same application. A dated account of incidents, threats and witnesses helps connect the request to its legal basis.
An order can address direct or indirect communication, specified locations and appropriate exceptions. The wording should reflect the risk and practical circumstances, including any necessary arrangements for children. A vague request to “stay away” may leave important questions unanswered.
Preserve relevant messages and records safely, and provide counsel with any existing criminal or family orders. Aftermath Law can help assess the evidence and proposed terms, including whether urgent relief is appropriate. Urgency does not automatically justify a without-notice hearing or guarantee that an order will be granted.
A family restraining order, criminal no-contact condition and peace bond are different legal measures and may apply at the same time. A private agreement does not suspend an order. The terms, duration, service requirements and any further hearing should be understood by the person seeking or responding to the order.
An order does not replace practical safety planning or emergency help. Call 911 if there is immediate danger. If using this device or receiving a reply could put you at risk, contact the firm only when it is safe and explain any contact restrictions before requesting a response. Counsel can explain the available response to an alleged breach and the lawful route for seeking a change.
Your representation at Aftermath Law
A request for a family restraining order needs to explain who requires protection, the reasons for the concern and the restrictions being sought. A restraining order lawyer can assess eligibility and help organize the evidence into a clear account. Aftermath Law can discuss terms relating to contact or locations and how they would interact with existing orders.
Dildeep Sahi can review relevant messages, incidents and any police or court documents you already have. Where parenting exchanges are involved, the proposed arrangements need careful attention. Tell the firm how it is safe to contact you; immediate danger should be addressed through emergency services.
Discuss your matter with Dildeep Sahi in a free consultation.
Not under section 46 simply because there is a dispute. Relationship eligibility and the safety test must be met. The Children’s Law Reform Act has a separate provision that may be relevant to parents who have not lived together. Counsel should assess the appropriate statutory route rather than assume eligibility.
No. They arise under different legislation and procedures. Advice should identify the appropriate route and consider any existing criminal or family orders.
An urgent motion may be appropriate on the evidence, but urgency and any request to proceed without notice require separate assessment. An immediate order is not guaranteed.
Your next step
Discuss your safety concerns, existing orders and a safe way to contact you. Call 911 if there is immediate danger.
The free consultation with Dildeep Sahi focuses on your situation, options and potential representation. Consultations are available in English, Punjabi and Hindi. Any document review or further work should be arranged separately with the firm.
Aftermath Law accepts Legal Aid Ontario certificates for criminal law and family law matters. Contact the firm to discuss your certificate and whether we can assist.
Office visits are by appointment only. Scheduled consultations are separate from urgent telephone assistance; an immediate answer or response is not guaranteed. This form is not an emergency service.
Keep your enquiry brief and omit confidential documents or a detailed history. Submitting the form does not create a lawyer-client relationship; the firm must complete an initial review and conflict check before agreeing to act.
Free initial consultation. Basic details only; not for emergencies.
Enter your name and enquiry type, and provide an email address or phone number. Your message is optional.
