How to Get an Order for Protection (OFP) in Minnesota
Minnesota’s Order for Protection (OFP) process explained for survivors.
Understanding Ontario Restraining Orders (OFPs)
What is an Ontario Family Court Restraining Order (OFP)?
An Ontario family court restraining order (often called an “OFP”) is a civil court order from the Ontario family court that can place limits on if, when, and how one person can contact or come near another person. It is not a criminal charge, but police can enforce it if it is breached.
OFPs are usually requested in the context of family relationships, such as past or current partners or certain family members. They are one tool that may support safety planning, along with other options and supports.
Language and forms can change over time. Ontario courts, legal clinics, and community organizations can explain the most current process in simple terms.
Who can apply for an OFP?
In Ontario, an OFP is generally available through family court when there is or was a close family-type relationship, for example:
- Married or common-law partners
- People who have lived together in a conjugal (partner) relationship
- People who share a child together
- Sometimes other defined family relationships
The person asking for the order is usually someone who has concerns about their safety or the safety of their children in relation to the other person named in the application.
Who exactly can apply and what forms are used may change based on Ontario legislation and court practice. A community legal clinic or duty counsel at family court can explain the specific eligibility rules without charging a fee for brief guidance.
Temporary order, service, and full hearing
Temporary (interim) restraining order
In some situations, a judge may consider a temporary or “interim” restraining order. This can sometimes be requested on an urgent basis. The judge may make a short-term order based on the written materials and what is said in a brief appearance.
Interim orders normally last only until the next court date or a set short period. The judge may set strict conditions about contact, distance, or communication during this time.
How “urgent” applications are handled can depend on the specific courthouse, the facts, and current court practices. Staff at the family court counter can usually explain basic procedural steps, but they cannot give legal advice.
Service (notifying the other person)
“Service” means formally giving the other person copies of the court documents so they know about the application and any court dates. Courts usually require that someone other than the person applying serves the documents, and that proof of service is provided to the court.
In some urgent situations, a judge might make a short-term order before the other person is served, and then require that they be served as soon as possible afterwards so they can respond.
Full hearing
A “full hearing” happens when both sides have had an opportunity to file documents and speak to the judge. The judge may review:
- Affidavits (written statements sworn or affirmed)
- Any documents or records the parties choose to file
- Information about past or recent incidents that raise safety concerns
After considering the information, the judge decides whether to grant a restraining order, what terms it should include, and how long it will last.
What an OFP can include (relief available)
The “relief” in an OFP means what the judge orders the other person to do or not do. Depending on the situation, an Ontario family court restraining order may include directions such as:
- No contact at all, or only certain types of contact (for example, through a lawyer or a parenting app)
- Not coming within a certain distance of the person applying, their home, workplace, or other listed locations
- Directions connected to contact with children, if there are safety concerns
- Conditions about online or phone contact, including texts, emails, and social media
The judge can tailor the order to the circumstances, while staying within what Ontario law allows. The specific terms requested should be clearly listed in the application materials.
Courts consider safety, fairness, and the legal test set by Ontario law. They may not grant every condition requested. It can help to explain clearly why each requested condition relates to safety.
How long an OFP can last
OFPs in Ontario can be made for different lengths of time, such as:
- A set period (for example, six months or one year)
- Until a certain event happens (for example, until another court order replaces it)
- In rarer cases, for an open-ended period, if the law and facts support it
At the end of the set period, the order usually expires unless it is extended or replaced by a new order. Applying to extend an order usually needs to be done before it ends.
Exact duration and renewal options can depend on the wording of the order, the judge’s decision, and current Ontario law. Getting basic legal information from a family law information centre, legal clinic, or duty counsel can clarify how this may apply in a specific situation.
For more information about support options across Canada, including legal information services and shelters, you can also look at resources listed at DV.Support.