Restraining Orders - What are they? How do I apply?
Restraining Order
A court order that restrains one party from having contact with another. A restraining order is a civil law remedy that can only be granted by the Court of Queen’s Bench. It is for anyone in need of protection from physical violence or threats (for example, victims
of stalking, harassment, domestic violence, assault or sexual assault).

Application for a Restraining Order
A package referred to as ‘Package #24, Restraining Order Without Notice’ is available at the Family Justice Services, Family Law Information Centres or at the front counter of any other Court of Queen’s Bench office. There is no fee for the package or for the application.

- Must be obtained in combination with another legal action (e.g. divorce)
- Victim seeks restraining order through the Court of Queen’s Bench. Victim must complete affidavit or questionnaire as part of the application process
- Application must happen during normal court hours
- Lawyer not required though one may be helpful
- No court fees for the application, but will require a process server to serve the
restraining order on the accused
- Restraining order is not in effect until the accused has been served notice
- Can be put into effect fairly quickly (within 24 hours)


- Can be ordered for up to 6 months, and can be renewed
- Violations of the restraining order are not a criminal offence. If the restraining order is breached, the offender could be cited for civil contempt
- Restraining orders are public documents. Some individuals (i.e. those in same gender relationships) may be reluctant to apply

Things to remember
- A copy of the restraining order should be kept on the victim at all times, in case the victim needs to verify that a restraining order is in effect
- If a respondent violates a restraining order, notify police immediately
- If the respondent is unlikely to comply with the restraining order, the police may not be able to protect the claimant. The claimant should arrange for other safety measures as well as the restraining order

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1. Restraining Orders - What are they? How do I apply?
2. What is a Queen's Bench Protection Order?
3. Peace Bonds
4. Legal Aid
5. Exclusive Home Possession Order
6. Emergency Protection Order