How to Vary or Extend a Restraining Order in Ontario

Need to change or extend a restraining order in Ontario? Learn how to file the correct forms, prove ongoing risk, and get the court to modify or continue your protection order.

How to Vary or Extend a Restraining Order in Ontario

Restraining orders in Ontario are often issued for a fixed period—such as 6 or 12 months—but what happens when that time is almost up, or you need to change the terms of the order?

Ontario law allows you to extend (renew) or vary (change) a restraining order by filing the right motion and forms. Here’s how the process works and what you need to know.


❓ What Does It Mean to Vary or Extend an Order?

  • To vary a restraining order means to change its terms — for example, changing the distance the respondent must stay away from you, or modifying locations covered.

  • To extend a restraining order means to renew it before it expires, typically when you still feel unsafe or threatened.


📄 When Should You Apply?

You should apply to vary or extend your restraining order if:

  • It’s close to expiring and the risk still exists

  • You’ve moved or changed workplaces and want the order updated

  • The respondent’s behavior has changed (positively or negatively)

  • You want to include children or other family members for protection

Don’t wait until the restraining order expires. Apply to extend it while it’s still active.


🧾 Legal Forms Required

To apply for a variation or extension, you’ll need to file:


📝 How to File a Motion to Vary or Extend a Restraining Order

1. Complete Form 15 – Motion to Change

Clearly specify whether you’re requesting a variation or extension (or both).

2. Write a Supporting Affidavit (Form 14A)

Include:

  • Why the restraining order is still needed

  • Any new threats or ongoing risk

  • Why you need the specific change or extension

3. File the Forms with the Ontario Court of Justice

Submit your motion at the same court where the original restraining order was granted.

4. Serve the Respondent

You must serve all documents to the other party and file a sworn Form 6B – Affidavit of Service.

5. Attend the Hearing

The judge will consider whether there's still a threat to your safety and whether the changes or extension are appropriate.


📌 Summary: Varying or Extending a Restraining Order in Ontario

  • ✅ Use Form 15 – Motion to Change to request modifications or extension

  • ✅ Support your motion with a detailed Form 14A – Affidavit

  • ✅ Apply before the order expires

  • ✅ You must serve the other party and file Form 6B

  • ✅ The judge will decide based on ongoing risk or necessity


📞 Where to Get Help

  • Legal Aid Ontario – 1-800-668-8258

  • Family Law Information Centres (FLIC)

  • Community Legal Clinics – Assist with motion preparation

  • Victim Services Ontario – Support with safety planning and filing


Frequently Asked Questions (FAQs)

1. What's the difference between varying and extending a restraining order?

Varying an order means you are asking to change its conditions (e.g., adding a new address to the "stay-away" clause). Extending an order means you are asking to renew it for a longer period because it is about to expire.

2. What is the most important form I need to file?

The most important form to start the process is Form 15: Motion to Change. This form officially tells the court and the other party what changes you are requesting to your existing order.

3. What do I need to prove to extend my restraining order?

To get an extension, you must provide evidence that you still have a reasonable fear for your safety. In your affidavit, you should detail any continued harassment, new threats, or any other reasons why the order is still necessary.

4. My restraining order has already expired. Can I still renew it?

No. Once a restraining order has expired, it is no longer valid. You cannot "renew" an expired order. You would have to start the entire process over again by filing a brand new application for a restraining order. This is why it is critical to apply for an extension before the expiry date.

5. Do I need a lawyer to vary or extend a restraining order?

While you can file the motion yourself, the legal test for a "material change in circumstances" can be difficult to meet. It is highly recommended to get legal advice to ensure your forms are filled out correctly and your evidence is presented effectively.

6. What if the other person agrees to extend the restraining order?

If the other person consents to the extension or variation, you can file the paperwork together using a Form 15C: Consent Motion to Change. This is a much simpler and faster process and usually does not require a court hearing.

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