When facing threats, harassment, or domestic violence, understanding the legal protections available in Ontario is essential. Two common measures are restraining orders and no-contact orders. While both aim to protect individuals from unwanted contact, they differ in their purpose, process, and the type of legal cases they apply to.
This blog breaks down the key differences between restraining orders and no-contact orders in Ontario to help you understand which may apply to your situation.
What Is a No-Contact Order?
As explained in our detailed guide to no-contact orders in Ontario, these orders are typically part of criminal proceedings. They prohibit the accused from contacting specific individuals, such as the complainant, their family, or witnesses.
Key Features:
- Imposed by police at the time of release or by the court during bail hearings or sentencing.
- Designed to protect victims of alleged crimes, especially in cases of domestic violence, threats, or harassment.
- Breaching a no-contact order is a criminal offence, potentially leading to further charges.
What Is a Restraining Order?
Restraining orders, on the other hand, fall under family law. They are civil orders issued by a family court to protect someone from harassment, threats, or violence by a spouse, ex-spouse, or another family member.
Key Features:
- Available through the Family Court, not the criminal system.
- Protects individuals in family relationships, including married couples, former partners, or parents.
- Can include conditions like prohibiting contact, staying away from the applicant’s home or workplace, or restricting communication with children.
- Violation of a restraining order is also a criminal offence.
Main Differences Between Restraining Orders and No-Contact Orders
| Feature | No-Contact Order | Restraining Order |
| Legal System | Criminal law | Family law |
| Who Can Apply/Impose | Police or court (for accused individuals in criminal cases) | Family Court (by an individual seeking protection) |
| Common Situations | Domestic violence, harassment, or threats as part of a criminal charge | Divorce, separation, or family disputes involving violence/harassment |
| Enforcement | Police enforce; breaches lead to criminal charges | Police enforce; breaches also lead to criminal charges |
Choosing the Right Protection
The choice between a restraining order and a no-contact order depends on your situation:
- If you are dealing with a criminal matter (e.g., an accused person charged with assault), a no-contact order may be imposed as part of the bail or sentencing conditions.
- If you are facing family-related issues (e.g., harassment by an ex-spouse during separation or divorce), a restraining order through the Family Court is often the appropriate step.
FAQs
1. Can you have both a restraining order and a no-contact order at the same time?
Yes. In some cases, both may apply if there are overlapping family and criminal proceedings.
2. How long do restraining orders last in Ontario?
Restraining orders can be temporary or long-term, depending on the court’s decision. Some last until a specified date, while others remain in effect until further order of the court.
3. Who can apply for a restraining order in Ontario?
Only individuals with a family relationship, such as a spouse, ex-spouse, or parent, can apply for a restraining order through Family Court.
4. What happens if someone breaches a restraining or no-contact order?
Violating either type of order is a criminal offence and may result in arrest, additional charges, and possible jail time.
Final Say about Restraining Orders vs. No-Contact Orders in Ontario
Both restraining orders and no-contact orders serve as critical safeguards, but they operate in different legal contexts. Restraining orders are linked to family law, while no-contact orders are tied to criminal cases. Understanding the distinction ensures that you seek the right legal protection for your circumstances.
If you need help navigating restraining orders, no-contact orders, or any other family or criminal law matter, BRT can connect you with vetted, licensed legal professionals across Ontario.
Find a professional today and take the next step in protecting your rights.
