Contempt of Court for Breaching a Protection Order in Ontario

A **protection order** or **restraining order** is a serious legal tool meant to protect individuals from harassment, abuse, or threats. If someone violates that order, they can be held in **contempt of court** — a legal finding that may lead to fines, a criminal charge, or even jail time. Here’s how to report and enforce a breach of a protection order in Ontario, and what you need to file to hold the respondent accountable. *** ### ❗ What Is Contempt of Court? **Contempt of court** refers to when someone deliberately disobeys a legally binding court order. In the case of restraining orders or protection orders, this can include: * Calling or messaging the protected person * Showing up at their home or workplace * Harassing them online * Violating a no-contact or distance clause *** ### ⚖️ Is Breaching a Restraining Order a Criminal Offence? Yes. In Ontario: * Breaching a **civil restraining order** can lead to **civil contempt proceedings** * Breaching a **criminal peace bond** or **protection order** may result in **criminal charges** under the **Criminal Code of Canada** > The police may arrest the person immediately if a protection order is violated. *** ### 🧾 What to Do If a Protection Order Is Breached #### 1. Call the Police If you are in immediate danger, call 911. Even if the breach is non-violent, it should still be reported to local police. #### 2. Document the Breach Keep copies of: * Text messages or emails * Voicemails or call logs * Surveillance or eyewitness statements #### 3. File a Contempt Motion in Family Court If the order was issued through family or civil court, you may also take the person to court for civil contempt. *** ### 📄 Forms to File for Contempt (Family Court) * ✅ [Form 14 – Notice of Motion](https://www.ontariocourtforms.on.ca/static/media/uploads/courtforms/family/14/flr-14-e.pdf) * ✅ [Form 14A – Affidavit (General)](https://www.ontariocourtforms.on.ca/static/media/uploads/courtforms/family/14a/flr-14a-e.pdf) * ✅ [Form 6B – Affidavit of Service](https://www.ontariocourtforms.on.ca/static/media/uploads/courtforms/family/06b/flr-6b-e.pdf) You must explain: * What the original protection order said * How the other party violated it * When and how you found out * Any ongoing impact or threats *** ### ⚠️ Possible Penalties for Contempt If the court finds the respondent in contempt for breaching a protection order, the judge may: * Impose **fines or costs** * Require **apologies or corrective action** * Place the respondent on **probation** * Sentence them to **jail time** (in serious or repeated breaches) > Contempt findings stay on record and may impact future court orders, including custody or visitation rights. *** ### 📌 Summary: Responding to a Breach of a Protection Order in Ontario * ✅ Violating a restraining or protection order can lead to **civil or criminal contempt** * ✅ **Call the police** for immediate enforcement * ✅ **Document everything** (messages, photos, call logs) * ✅ File a **motion for contempt** using Form 14 and Form 14A * ✅ A judge may issue fines, probation, or jail time for contempt *** ### 📞 Where to Get Help * **Legal Aid Ontario** – 1-800-668-8258 * **Victim Support Line** – 1-888-579-2888 * **Family Law Information Centres (FLIC)** – Support with motions and affidavits * **Community Legal Clinics** – Free legal support for eligible applicants *** ### Frequently Asked Questions (FAQs) #### 1. What does it mean to be in "contempt of court" in Ontario? Being in contempt of court means you have intentionally disobeyed a direct order from a judge. When it comes to a protection order, any violation of its conditions—from making a phone call to coming too close to a protected address—can be considered contempt. #### 2. Should I call the police if my ex sends me a single text message in violation of a restraining order? Yes. You should report every single breach to the police, no matter how small it seems. This creates an official paper trail that demonstrates a pattern of disrespect for the court order, which is crucial evidence for a contempt motion. #### 3. Is breaching a restraining order a criminal offence? Yes. Violating a restraining order is a criminal offence under the *Criminal Code of Canada*. When you call the police to report a breach, they can lay a criminal charge against the person, which is a separate process from the court's finding of contempt. #### 4. What are the main forms I need to file for a contempt motion? You need to file two key forms: Form 14: Notice of Motion, which tells the court what you're asking for, and Form 14A: Affidavit, which is your sworn statement detailing the evidence of how the order was breached. #### 5. What do I need to prove to a judge in a contempt hearing? You must prove three things beyond a reasonable doubt: 1. The order was clear and unambiguous. 2. The person knew about the terms of the order. 3. They intentionally did something (or failed to do something) that violated the order. #### 6. Can someone go to jail for contempt of a family court order? Yes. While it is usually reserved for serious or repeated violations, a judge has the power to sentence a person to jail time for contempt of court to punish them for their defiance and to compel them to obey the order in the future.