How Can a Protective Order Really Protect Me?

Family Protective Orders, also known as Restraining Orders or Peace Bonds, are gaining attention. Let's delve into what they are, if you might benefit from one, and how exactly they work. 

What is a Family Law Protective Order?

A Family Law Protective Order is intended to offer protections to a vulnerable party or parties. This is done by clearly defining rules of conduct between specific parties with the understanding that police can be involved if the order is violated by either party. It is important to note that a Protective Order is most often a two-way street. That means, regardless of whether you are the one who sought the order of protection, you can still be charged, jailed, or otherwise held liable for violating the terms. 

Protective Orders are issued with specific instructions. For example, it might state, "the parties will not communicate by any means other than text messages and then only concerning the well-being of the children," or "the respondent is not permitted to be within 500 meters of the plaintiff or within 1000 meters of the plaintiff’s workplace." Even if you initiate the order, the terms are not a mere suggestion, but rather an enforceable contract. If you break the rule, you break the law. Keep in mind that while these orders are written in Family Law, they are governed by Criminal Law. Violations will be dealt with in criminal court.

How do I get a Family Law Protective order in Ontario?

In Ontario, individuals can pursue an order through the Ontario Court of Justice or the Superior Court of Justice. Your lawyer can be a great help in this process. Alternatively, in some situations the Police may impose a temporary order upon the parties until the matter is properly heard and spoken to in court. The general process involves:

1. Filing an Application: The person seeking the order must file an application with the court. This application must outline the details of the alleged abuse or harassment and provide identifying information about the parties involved.
2. Attending Court: A hearing will be scheduled where both parties are given the opportunity to present their side of the issue to the judge. During this phase, it is critical to provide evidence, such as witness testimony, police reports, medical records, etc. to support the allegations or to refute them. (Filing an application does not automatically grant you an order)
3. Court Decision: After both sides have presented their information, the court will decide on whether or not the order is warranted. If an order is granted, specific details, timelines and requirements of each party will be outlined clearly. If that order conflicts with something important, be sure to speak up immediately. For example, if your child’s swim lessons are less than 300 meters from your ex’s house, it DOES NOT mean you get to keep going swimming there. The rules are not flexible.
4. Service of the Order: Once the order is granted, it must be served upon the relevant parties. It is effective immediately unless for some reason otherwise specified.

The Good, The Bad and The Unfortunate:

A Protective Order is not something to take lightly, nor is it something that guarantees nothing bad will ever happen. Much like buying a security camera for your yard, it is meant to deter violence or inappropriate behavior. If bad things still happen, however, it becomes one more piece of evidence that tends to be very effective at persuading judges to impose more serious penalties.

On the positive side, an order offers immediate relief by clearly establishing the legal boundaries for all parties. It allows legal recourse if the order is violated and it offers a sense of safety or security. Unfortunately, enforcement can be challenging. Regardless of whether the police morally agree with you, they are always bound to the terms of the Protective Order. 

It is also important to recognize that these orders are temporary. While it can be renewed indefinitely, it is only valid for a limited time because it’s not meant to be a solution. It’s a band-aid until the greater wound can be treated or healed.