Ontario family courts can make a restraining order to limit contact and distance. Which statute applies depends on the relationship and on whether a parenting case is before the court.
People often use the words protection order, no-contact order, and restraining order for different things. In Ontario family law, a restraining order is a civil order of the family court. The two sections lawyers use most often are section 46 of the Family Law Act and section 35 of the Children's Law Reform Act.
Section 46 of the Family Law Act, as now in force, lets the court make an interim or final restraining order against a spouse or former spouse of the applicant, or against a person who is cohabiting with the applicant or has cohabited with the applicant for any period of time. The applicant must have reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody.
Section 35 of the Children's Law Reform Act sits in the parenting part of that Act. As now in force, the court may make an interim or final restraining order against any person if the applicant has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody. It is the route used in a parenting case, including where the parents were not married. Which section is available depends on the relationship and on the case that is actually before the court.
Both sections require the order to be in the form prescribed by the rules of court. The court may include any of these terms that it considers appropriate:
A restraining order does not, by itself, decide decision-making responsibility or parenting time. Those are separate orders. If a criminal no-contact condition already exists, the family order has to be written so that it does not require someone to do what the criminal condition forbids. That interaction is discussed on the criminal orders and family court page.
The 2025 amendments to both section 46 and section 35 would let some other people apply on behalf of the person who fears for their safety, with consent or with leave of the court. On the e-Laws consolidation current to 28 October 2026, those amendments were marked not in force. Until they are proclaimed, the application is brought by the person who has the reasonable grounds to fear. Statutes on this page were checked against the Ontario e-Laws consolidations current to 28 October 2026. Where a later amendment is marked not in force, the page says so.
The current text of section 46 and section 35 does not set out a provincial fine the way the exclusive-possession offence does. Disobeying the restraining order can be prosecuted under section 127 of the Criminal Code. That prosecution is a criminal case. We do not defend it. On the family side, a breach can also matter to parenting, exclusive possession, and whether the restraining order should be changed. Those questions stay in family court.
A restraining order is not an exclusive-possession order. Exclusive possession of a matrimonial home is section 24 of the Family Law Act and is discussed on its own page. A without-notice request, when notice itself would create a serious risk, is discussed under the Family Law Rules.
Bring any existing family orders, bail or release papers, peace bonds, and a short chronology of what happened and when. Do not send identification by email. The booking page explains how identification is collected for a new-client consultation. Consultations are by Google Meet.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
These pages describe Ontario family-law issues that often arise together when there is family violence. Each one is general information.
No. A restraining order under the Family Law Act or the Children's Law Reform Act is a family-court order. A peace bond and a bail condition are criminal-court orders. Persaud Hussain LLP handles the family-court side only. You need separate criminal counsel for the criminal order.
Under section 46 as now in force, it can be made against a spouse or former spouse, or against a person who is cohabiting with the applicant or has cohabited with the applicant for any period of time. The test is reasonable grounds to fear for the applicant's safety or the safety of a child in the applicant's lawful custody.
No. The judge applies the statutory test to the evidence. A restraining order is a serious order. This page does not predict the result of any case.
Contravening a restraining order made under section 46 of the Family Law Act or section 35 of the Children's Law Reform Act can be prosecuted under section 127 of the Criminal Code, which covers disobeying a lawful court order. The charge itself is a criminal matter. The family lawyer deals with the family-court proceeding.
Speak with Jared Persaud or Nazish Hussain about your case.
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