An order of protection, also known as a restraining order or a peace bond, is a court order that requires someone to stay away from another person and to refrain from any contact or communication with them. In Ontario, a parent can obtain an order of protection to protect themselves and their children from harassment, threats, or violence from another person. In this article, we will explore the process for obtaining an order of protection in Ontario.
Determine the Need for an Order of Protection
It is important for a parent to carefully evaluate their situation and determine whether there is a need for a for an order of protection. This may include situations where the other parent has a history of violence, harassment, or threatening behavior, or where the parent and their children feel unsafe around the other parent.
Contact the Police
If the parent feels that they or their children are in immediate danger, they should contact the police right away. The police can help to ensure their safety and may provide information on how to obtain an order of protection. The police may also provide evidence that can be used to support the parent’s case in court.
File an Application with the Court
To obtain an order of protection in Ontario, the parent must file an application with the court. The application should include details of the harassment, threats, or violence that they have experienced, and any supporting evidence, such as police reports or medical records or previous parenting plans. The application can be filed in the family court or the criminal court, depending on the circumstances.
Attend a Hearing
Once the application has been filed, a hearing will be scheduled. The parent will need to attend the hearing and present their case to the judge. The other party will also have the opportunity to present their side of the case. It is important for the parent to be prepared to present evidence and to answer questions from the judge.
Obtain a Temporary Order of Protection
If the judge finds that there is a risk of harm to the parent or their children, they may issue a temporary order of protection. This order will remain in effect until the full hearing is held and a permanent order according to Family Law Act. The temporary order may include provisions for no contact, staying away from certain locations, or other requirements to ensure the safety of the parent and their children.
Attend Mediation
In some cases, the court may require the parties to attend mediation to try to resolve the issues without the need for a permanent order of protection. Mediation is a process where a neutral third party (known as mediator) helps the parties to reach an agreement. If the parties are able to reach an agreement, the court may issue a consent order of protection.
Obtain a Permanent Order of Protection
If the court finds that there is a risk of harm to the parent or their children, they may issue a permanent order of protection. This order will remain in effect for a specified period of time and may include provisions for no contact, staying away from certain locations, or other requirements to ensure the safety of the parent and their children. The parent should carefully review the terms of the order and follow all requirements to ensure that they and their children remain safe.