Contempt of Court for Breaching a Protection Order in Ontario

If someone violates a protection or restraining order in Ontario, it may be considered contempt of court. Learn how to file for contempt, what forms to use, and what penalties the violator may face.

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)

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.

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