A Guide to Form 25: Drafting Your Restraining Order in Ontario Family Court

When facing threats, harassment, or domestic violence, safety becomes the number one priority. In Ontario, one of the most powerful legal protections available is a Restraining Order. Once signed by a judge, a restraining order becomes legally binding and enforceable by police across the province.

The Family Court Form 25: Restraining Order is the key document in this process. It is often referred to as a “draft order” because you, as the person requesting protection, prepare it in advance. This ensures the judge clearly sees the terms of protection you are requesting and can either approve them as-is, modify them, or add further conditions.

This guide will walk you through:

• Why the draft Form 25 is required

• How to fill it out step by step

• The meaning of each clause in the restraining order

• What to do after a judge signs it

• How to make sure your order is police-enforceable

📝 Why Do You Prepare the Draft Order?

When you file a Form 14: Notice of Motion asking for a restraining order, you also prepare Form 25: Restraining Order in advance.

• This draft is essentially your proposed version of the final court order.

• Preparing it ensures your request is clear, specific, and legally ready for the judge to review.

• Judges often rely on these drafts to streamline the court process, making it faster and easier to issue orders.

• The judge may sign it as is, cross out parts, or add new protections depending on your situation.

In other words, preparing Form 25 is about making your safety request as straightforward as possible for the court.

⚖️ Anatomy of a Restraining Order: Filling Out Form 25

Form 25 contains standard legal clauses that you must review, customize, and fill in with your details. Below is a breakdown of each section:

The Preamble ("UPON THE MOTION..." Section)

This section sets the stage. You indicate:

• Who requested the order (the “moving party”)

• Whether the order was made with or without notice to the other person (the “responding party”)

Paragraph 1: The No Contact Clause

• Prohibits the other person from contacting you directly or indirectly.

• Strongest protection = no communication at all.

• Exceptions can be added, such as:

  • Through a lawyer only

  • By email only for parenting discussions

• Be specific and cautious about exceptions — vague terms may create loopholes.

Paragraph 2: The Stay Away Clause

• Prohibits the other person from coming within a set distance (e.g., 100m, 500m) of key places.

• You must list full addresses, such as:

  • Your home

  • Your workplace

  • Children’s schools/daycares

Paragraph 3 & 4: Non-Harassment and Weapons Clauses

• Paragraph 3: Stops the other person from harassing, molesting, or annoying you and your family.

• Paragraph 4: Prevents the other person from possessing weapons.

Paragraph 5: The Police Enforcement Clause

• The most critical part for your safety.

• Gives police authority to arrest without a warrant if the order is breached.

• Without this clause, police cannot enforce the order effectively.

Paragraph 6 & 7: Temporary/Final and Next Steps

• Paragraph 6: Indicates if the order is temporary (time-limited) or final.

• Paragraph 7: If the order was granted without notice, the judge sets the next court date for both parties to appear.

🚨 From Draft to Police-Enforceable Order: The Step-by-Step Process

Filling out the draft is only the first step. To make sure the restraining order actually protects you, follow this process carefully:

1. Prepare the Draft

   • Fill out Form 25 as part of your Motion Record.

2. Judge Reviews and Signs

   • At your hearing, the judge may approve, modify, or add to your draft.

   • Once signed and dated, it becomes an official court order.

3. Issued Order from Court Clerk

   • The clerk “issues” the order by stamping it with the official court seal.

   • Get multiple certified copies.

4. Register with Police

   • Take a copy to your local police station.

   • Ask them to enter it into the Canadian Police Information Centre (CPIC) database.

   • This ensures police anywhere in Canada can enforce it immediately if you call 911.

5. Always Carry a Copy

   • Keep one with you at all times.

   • Having the order in hand speeds up enforcement if the police are called.

📌 Why Form 25 Is So Important

Form 25 is more than paperwork — it transforms your request for protection into a legally enforceable tool. Without it:

• Police cannot arrest someone for violating your request.

• Judges may not have clarity on your specific safety needs.

• Your case may take longer, leaving you vulnerable in the meantime.

⚠️ Important Disclaimer

This guide is for informational purposes only and not legal advice. The exact wording of a restraining order is extremely important. You should consult a family law lawyer or duty counsel to ensure your Form 25 is drafted correctly and provides the protection you need.

❓ Frequently Asked Questions (FAQ)

1. What is Family Court Form 25?

Form 25 is the draft Restraining Order you prepare when asking the court for protection. Once signed by a judge and issued by the clerk, it becomes legally binding and enforceable by police.

2. Do I have to prepare Form 25 myself?

Yes. You prepare it as part of your motion materials. However, you should seek help from a lawyer or family law duty counsel to ensure accuracy.

3. Can a judge change my draft order?

Absolutely. Judges can sign it as written, cross out sections, or add new terms based on your case.

4. Is the restraining order enforceable outside Ontario?

Yes. Once registered in the CPIC database, police across Canada can enforce it.

5. How long does a restraining order last?

It depends on what the judge grants:

• Temporary orders: For a set period of time or until the next court date.

• Final orders: Remain in effect until changed or ended by the court.

6. Do I need to pay fees to file Form 25?

Filing restraining orders is generally free, but you may have legal costs if you hire a lawyer.

7. What happens if the other person breaks the restraining order?

If breached, police can arrest the individual immediately (without a warrant) under the Police Enforcement Clause. Charges such as breach of court order or criminal contempt may follow.

✅ Key Takeaways

• Form 25 is the draft restraining order you prepare in advance for the judge.

• It includes critical clauses like No Contact, Stay Away, and Police Enforcement.

• The order only becomes enforceable after being signed, issued, and registered with police.

• Always carry a copy with you for your safety.

• Seek legal help to ensure your draft order is accurate and provides strong protection.