A restraining order, also known as a peace bond, is a legal order issued by an Ontario court of justice that requires a person to stay away from another person. In Ontario, a restraining order can be obtained by following a specific legal process. Here is an overview of the process for obtaining a restraining order in Ontario:
Before seeking a restraining order, it is essential to gather evidence that supports the need for the order. This can include witness statements, photographs, text messages, emails, and any other evidence that demonstrates that the other person is threatening or harassing you.
Filing an Application
To obtain a restraining order in Ontario, you must file an application with the court. The application will include details about the person from whom you are seeking protection and the reasons why you need a restraining order. The application will also include any evidence you have gathered.
Attending a Court Hearing
Once you file an application, a court hearing will be scheduled. At the hearing, you will need to present your case and any evidence you have gathered. The person from whom you are seeking protection will also have an opportunity to present their case. The judge will review the evidence presented and make a decision about whether to issue a restraining order.
Conditions of the Restraining Order
If the judge determines that a restraining order is necessary, they will issue an order that sets out the conditions of the order. These conditions may include staying away from you, not contacting you, or not coming within a specific distance of you. The order may also specify the duration of the order and any other terms that the judge considers appropriate.
Service of the Order
Once the order is issued, it must be served on the person from whom you are seeking protection. This can be done by the police or a private process server. The person must be made aware of the conditions of the order and must comply with them.
Renewal of the Order
Restraining orders are usually issued for a specific period, such as one year. If you still require protection after the order expires, you can apply to have it renewed. The process for renewing a restraining order is similar to the initial application process.
In conclusion, obtaining a restraining order in Ontario involves gathering evidence, filing an application, attending a court hearing, receiving the conditions of the order, service of the order, and renewal of the order. It is essential to take the necessary steps to protect yourself from harm and seek legal advice if you need assistance with the process.