What types of protection orders are available in Canada?
Canada has several types of protection orders depending on the province and situation. Emergency Protection Orders (EPOs) are available in most provinces and can be granted by a justice of the peace or judge without the respondent being present when there is immediate risk of harm. Restraining orders are issued by family courts and can prohibit contact, require the respondent to leave the family home, and restrict the respondent from coming within a certain distance. Peace bonds under Section 810 of the Criminal Code of Canada are another option when criminal conduct is involved.
What is an Emergency Protection Order and how quickly can I get one?
An Emergency Protection Order (EPO) is issued without a court hearing when there is an immediate danger to a person or their children. In Alberta, EPOs are available 24 hours a day through a duty judge or justice of the peace and can be issued the same day you apply. In Manitoba and Nova Scotia similar emergency orders are available. In Ontario, emergency restraining orders can be sought through the Ontario Court of Justice. Police can also assist you in making an emergency application after hours through dedicated on-call judges.
Do I need a lawyer to apply for a protection order in Canada?
No. You can apply for a protection order as a self-represented applicant at your local family court or provincial courthouse. Most provincial courthouses have duty counsel (a free lawyer available for short consultations on the day of your court appearance) and family law information centres staffed by people who can help you fill out the forms. Victim Services units attached to police services and courthouses also provide free support and can help you navigate the application process.
What do I need to prove to get a restraining order or protection order in Canada?
For an emergency order you need to show an immediate risk of bodily harm to yourself or your children. For a longer-term protection order at a full hearing, you need to show on a balance of probabilities that you have been subjected to domestic violence, harassment, or abuse, or that you are at risk of such conduct. You do not need criminal charges to be laid. The court looks at a pattern of conduct including physical violence, emotional abuse, stalking, threats, and controlling behavior. Your sworn affidavit describing the incidents is the primary evidence.
How do I apply for a protection order in Ontario?
In Ontario, you can apply for a restraining order under Section 46 of the Family Law Act or Section 35 of the Children's Law Reform Act. You file a Form 8 Application and a supporting affidavit at the Ontario Court of Justice or Superior Court of Justice. If you are in immediate danger, you can ask the court for an urgent motion without notice to the other party. Duty counsel is available at most Ontario family courthouses. The Ontario Victim Services portal at ontario.ca/page/victim-services provides information on support resources.
What happens after a protection order is granted in Canada?
Once a protection order is granted it is entered into the Canadian Police Information Centre (CPIC) database, which means police across Canada can see it and respond if it is violated. You should keep a certified copy of the order with you at all times. If the respondent violates the order, call police immediately. Violating a protection order is a criminal offence under Section 127 of the Criminal Code of Canada and can result in arrest, charges, and imprisonment.
Can a protection order remove someone from the family home in Canada?
Yes. A protection order or exclusive possession order can require the respondent to vacate the family home even if they own it or are on the lease. In Ontario, Section 24 of the Family Law Act allows a court to grant exclusive possession of the matrimonial home to one spouse. In British Columbia, the Family Law Act SBC 2011 allows a similar order. The court considers the best interests of any children in the home, the availability of other suitable accommodations, and the history of family violence when deciding whether to grant exclusive possession.
What free resources are available for protection order applicants in Canada?
The following resources are available at no cost: provincial Victim Services offices, which provide court support and safety planning; Legal Aid offices in every province, which can provide a lawyer for low-income applicants in family violence situations; Luke's Place and similar community legal clinics in Ontario; Battered Women's Support Services in BC; the National Domestic Violence Hotline at 1-800-363-9010; and Indigenous-specific resources through the Native Women's Association of Canada. Most family courthouses also have duty counsel available on court days.
How long does a protection order last in Canada?
Emergency protection orders are typically temporary — usually lasting between 30 and 90 days depending on the province — and must be confirmed at a full court hearing where both parties have an opportunity to be heard. Long-term restraining orders granted after a contested hearing can last for a specified period (one to three years is common) or indefinitely, depending on the circumstances. The applicant can return to court to renew or extend an order before it expires if the risk of harm continues.
Can I get a protection order against a non-intimate partner in Canada?
Yes. Protection orders are not limited to spouses or intimate partners. You can obtain a restraining order or peace bond against a neighbor, family member, coworker, or acquaintance who is harassing or threatening you. Under Section 810 of the Criminal Code, a peace bond can be sought by anyone who has reasonable grounds to fear that another person will cause them personal injury or damage their property. The application is made to a provincial court judge or justice of the peace through the local Crown Attorney's office.
How does uplaw.ai help with protection order applications in Canada?
Tell us your province, the nature of the threat or violence you have experienced, and whether you need an emergency order or a longer-term order in the chat. We will identify the correct forms under your provincial legislation, help you draft your supporting affidavit, and guide you through the filing process from start to finish. uplaw.ai is not a law firm and does not provide legal advice. If you are in immediate danger, call 911.
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