How do I ask for a restraining order in a family law motion?
Question & AnswerHow do I ask for a restraining order in a family law motion?
2. Start your motion
You can get family law court forms from the courthouse or online. They are available in French and English.
You need to call the court or go to the courthouse to ask the for a date when the judge will hear your . Write this date on your Form 14: Notice of Motion.
Form 14: Notice of Motion
Your Form 14: Notice of Motion tells the court what orders you’re asking for.
Form 14A: Affidavit (General)
Your Form 14A: Affidavit (General) tells the court why you fear for your safety or the safety of your children. This can include:
- your relationship with your partner
- whether you have children together
- any abuse you or the children have experienced
- all the reasons your safety or the safety of your children is at risk
You should be as detailed as possible. If your partner has threatened or abused you or your children, you should give as much information as you can. This information should include:
- what threats or abuse happened
- how often the threats or abuse happened
- if you think it will happen again
- if it is getting worse
- if your partner has threatened or hurt others
- if your partner has threatened to abduct or take your child away from you
Include copies of text messages, emails, pictures, and other proof of the behaviour.
If you’re asking for your partner to stay away from specific places, you should say why in your affidavit.
You must swear or affirm that the information in your affidavit is true before you sign it. You do this in front of a notary public or commissioner for taking affidavits. This person also signs and dates the form.
You can be charged for committing a crime if you don’t tell the truth.
You can find a commissioner at any family court and they will sign your form for free. You can also find them at some ServiceOntario centres. Other people can also do this, for example, a lawyer, notary public, judge, or paralegal. But they may charge you a fee.
You can also get other people to give evidence for you, such as your:
- family doctor, if you talked to them about the threats or abuse or if they have seen your injuries
- religious leader, if you turned to them for support
- friends, family members, or neighbours, if you talked to them about the threats or abuse or if they have seen your injuries
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 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.
When you apply only for a restraining order, you don’t need to fill out any other forms.
If you’re asking for other temporary orders, you might need to fill out other forms for your motion.
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.