Splane Roy LLP - Ontario Family and Divorce Law

One way to obtain protection from the Court is in the form of a Restraining Order. You can obtain a Restraining Order against someone you are currently living with, against your spouse and against your partner, whenever you are concerned that they might harm you or your child(ren). You can bring an Urgent Motion for a Restraining Order under the Family Law Act, which sets out the test. The test under the Family Law Act for a Restraining Order is whether you are fearful for your safety or the safety of any child(ren) that is(are) in your lawful custody, and that fear and concern is based on reasonable grounds. Oftentimes, if children are in danger F.A.C.S (Family and Children Services) or C.A.S (Children’s Aid Society) will become involved. This can range in degrees of intrusiveness from a voluntary service agreement to a protection application in the Ontario Court of Justice or Superior Court of Justice.