2. Start your court application

How do I ask for a restraining order in my family law application?
This question has an answer and 5 steps
1
2
3
4
5

2. Start your court application

To start a family law case, you need to make an application. You can get family law court forms from the courthouse or online. They are available in French and English.

Application

Use the Form 8: Application to tell the judge what you're asking for. If you want to ask the judge for more than a restraining order, you should include those things in your application.

For example, you might ask:

If you don't put something you want on your application, it can be hard to ask for it later.  

You must include the first and last name of your partner and anyone who will be protected by the restraining order. This includes you and any child in your custody. If you or the children use any other names, you should include those names on the application as well.

Tell the judge why you need each of the requests you have included in your restraining order. For example:

  • why you want your partner to stay away from certain places
  • why your partner shouldn't contact you at all, or only at certain times

You can also ask the judge to add any conditions they think would be appropriate in your case.

Canadian Police Information Centre (CPIC) Restraining Order Information Form

You must also complete a CPIC form. Make sure you include any names that your partner uses. Include their legal name, nicknames, and any other names they use.

If your application is granted, the CPIC form will be sent to the police. It shows the police that there is a restraining order against your partner. The police will also receive a copy of the restraining order. The CPIC form might have additional information that can help the police enforce the order.

Other forms

When you apply only for a restraining order, you don't need to fill out any other forms.

If you're asking the court to make other orders, you might need to fill out other forms to start your case

Using your address on court forms

If you fear for your safety and don't want your partner to find out where you live, you don't have to put your home address on your court documents when you fill them out. You can put any address where you can pick up mail from. For example, you can put a friend or a family member's address.

Reviewed: April 1, 2019

Parlez Français