What is a Restraining Order?

This article is a brief and general overview about Restraining Orders. A restraining order is a court order that helps protect a spouse, former spouse, common-law partner, dating partner, or a child from actual violence, threats, stalking, or other harassing behaviours by another family member. 

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Once the restraining order is issued, it can bar the respondent (who is the person being named in the Restraining Order) from contacting or communicating with the applicant (who is the person seeking a restraining order against someone).

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It is important to note that although a Restraining Order is made in Family Court, if you violate a Restraining Order, it becomes a criminal offence, and you will be criminally charged by the police. 

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Who is eligible to get a Restraining Order?

Anyone who has or had a marital, common-law, dating or parental relationship with the respondent and is concerned for their own or their child's safety can seek a restraining order. 

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Does a restraining order show up on a Criminal Record? ​

The restraining order will not show up on a criminal record as the order itself is a civil order. However, if the order is breached, and the restraining order is violated, it becomes a criminal charge. ​​​​​​​​​​​​​​