A Guide to Form 25: Drafting Your Restraining Order in Ontario Family Court
When a judge grants your request for a restraining order in Ontario, they sign **Form 25**—the draft order that you prepare. This guide explains how to fill out this critical document, from the "no contact" and "stay away" clauses to the essential police enforcement clause. Learn the crucial steps to take *after* the judge signs, including how to register the order with the police to make it enforceable province-wide, turning your court request into real-world protection.
The Family Court Form 25: Restraining Order is the document that, once signed by a judge, becomes the official, legally binding order that is enforceable by police across Ontario.
It’s called a "draft" because you—the person asking for the order—prepare it in advance as part of your motion materials. You are essentially handing the judge the exact wording of the order you want them to make. This helps make the court process efficient and ensures the terms of your request are crystal clear.
This guide explains how to fill out the Form 25
draft and the crucial steps to take after a judge signs it.
Why Do You Prepare the Draft Order?
Preparing the draft Form 25
ensures that the specific protections you are asking for in your Form 14: Notice of Motion are accurately translated into a formal court order. The judge can sign your draft as is, cross things out, or add new conditions. By preparing it, you are making your request clear and easy for the judge to grant.
Anatomy of a Restraining Order: Filling Out Form 25
Form 25
is a template with several paragraphs containing standard clauses for a restraining order. You need to fill in the blanks and check the relevant boxes.
- The Preamble (The "UPON THE MOTION..." Section)
- This top section sets the context. You will indicate that the order was made after hearing from you (the "moving party") and whether it was made with or without notice to the other party (the "responding party").
- Paragraph 1: The "No Contact" Clause
- This is the core of the order. It forbids the other person from communicating with you. You have options:
- Check the box for no communication at all, direct or indirect. This is the most comprehensive protection.
- You can create exceptions, such as "except through legal counsel" or "except by email for the sole purpose of discussing parenting time for the children." Be very careful and specific if you allow any exceptions.
- This is the core of the order. It forbids the other person from communicating with you. You have options:
- Paragraph 2: The "Stay Away" Clause
- This clause prohibits the other person from coming within a specified distance (e.g., 100 metres, 500 metres) of certain locations. You must provide the full, exact addresses for:
- Your home.
- Your place of work.
- Your children’s school(s) and/or daycare(s).
- This clause prohibits the other person from coming within a specified distance (e.g., 100 metres, 500 metres) of certain locations. You must provide the full, exact addresses for:
- Paragraph 3 & 4: Non-Harassment and Weapons Clauses
- Paragraph 3 is a standard clause forbidding the other party from molesting, annoying, or harassing you or your family members.
- Paragraph 4 is a standard clause forbidding the other party from possessing any weapons.
- Paragraph 5: The Police Enforcement Clause
- As you noted, this is the most important clause for your safety. It explicitly gives police the authority to arrest the other person without a warrant if they have reasonable grounds to believe the person has violated the order. This clause must be included for the order to be enforceable by police.
- Paragraph 6 & 7: Temporary/Final and Next Steps
- You will indicate if the order is temporary (granted on a motion, for a limited time) or final.
- If the order was made without notice, Paragraph 7 is where the judge will write in the details of the next court date where both parties must appear.
The Process: From Draft to Police-Enforceable Order
Drafting the form is only the beginning. Follow these steps to ensure your protection is in place.
- Step 1: Prepare the Draft. Fill out
Form 25
as part of the Motion Record you prepare for the judge. - Step 2: The Judge Signs the Order. At your hearing, if the judge grants your request, they will review your draft, make any changes they see fit, and then sign it. Once signed and dated, it is an official court order.
- Step 3: Get the Issued Order. The court clerk will "issue" the signed order by putting the court seal on it. Get several copies.
- Step 4: Register the Order with the Police. This is the most critical step for your safety. You must take a copy of the issued order to your local police station (e.g., a Toronto Police Service division) and ask them to enter it into the Canadian Police Information Centre (CPIC) database. This makes the order accessible to police officers across Canada, so if you call 911, the responding officers will know the order exists and can enforce it.
- Step 5: Carry a Copy With You. Always keep a copy of the restraining order with you. If you ever need to call the police, having the physical order on hand can make enforcement faster and more efficient.
The Form 25
draft is the document that translates your request for safety into a real tool that law enforcement can use to protect you. Drafting it correctly and ensuring it is registered with the police are essential steps in that process.
Disclaimer: This is for informational purposes only and is not legal advice. The wording of a court order is extremely important. It is strongly recommended that you seek help from a family law lawyer to draft your Form 25
to ensure it provides the specific protection you need.