What’s the Difference Between a Restraining Order and a Peace Bond?

Restraining Order Definition
Peace Bond Definition
Conditions and Exceptions in Restraining Orders or Peace Bonds
Violation of Restraining Order or Violation of Peace Bond
How to obtain a Restraining Order
How to obtain a Peace Bond
Preparing the Motion or Application for a Restraining Order or Peace Bonds
Extending the Restraining Order or Peace Bond
Enforcement of Restraining Orders or Peace Bonds

Restraining Order:

A Restraining Order is a court order made by a Family Court judge. It is enforceable in the province in which it is obtained.

Peace Bond:

A Peace Bond is an order made by a Criminal Court judge or a Justice of the Peace and is signed by the other person (who agrees to abide by the bond and keep the peace). It is enforceable across Canada.

Restraining Order vs. Peace Bond

• A Restraining Order is usually sought where there has been violence or the threat of violence in a family (typically by a spouse, partner, or co-parent), whereas a Peace Bond is usually applied for where there has been violence of or the threat of violence in a non-family relationship, such as with a neighbour or co-worker.

• Restraining Orders and Peace Bonds both limit what a person can do, and may include limiting:

• • where a person can go (i.e. the person may be ordered not to go within 100 meters of your workplace)
  • what a person can do (i.e. the person may be ordered not to possess fire arms or not to consume alcohol or drugs)
  • with whom a person can communicate (i.e. the person may be ordered not to contact you by any means including phone, text, email, social media, or in-person)

Conditions and Exceptions in Restraining Orders or Peace Bonds:

If you are seeking a Restraining Order or Peace Bond, you should be very specific about what conditions you want in place, and any exceptions.

For example, you may want the conditions to include the full name and address of any building or location the other person should not come near (a school, place of work, place of worship etc.). If you and the co-parent must exchange your children for custody / access visits, be specific about this exception and the terms surrounding this exception.

For example, the Restraining Order may provide that you will exchange the children with a neutral person only, not the co-parent, or that the co-parent can only come within 10 meters of you for the brief period in which you drop off the children at the front door of the MacDonald’s restaurant on Main Street, every Tuesday evening at 6:00 p.m., while the co-parent remains inside the McDonald’s restaurant.

Violation of Restraining Order or Violation of Peace Bond

Violating either a Restraining Order or a Peace Bond can, but doesn’t always, result in criminal penalties. The police can, but don’t always, arrest and charge the person. If the person is arrested, charged, and released on bail, they will likely be subject to stricter conditions.

How to obtain a Restraining Order:

For a Restraining Order, file a motion or application (or both) in Family Court with supporting evidence.

How to obtain a Peace Bond:

For a Peace Bond, attend the courthouse and ask to speak with a Justice of the Peace or a Criminal Court judge

When Applying for Restraining Orders or Peace Bonds,

• You will have to provide evidence that your fear of harm is reasonable
• You may want to provide a sworn affidavit describing why you fear for your safety and including exhibits like photos of injuries you’ve sustained or property the other person has destroyed

Preparing the Motion or Application for a Restraining Order or Peace Bonds:

While you are permitted to prepare the motion or application yourself, it is wise to consult a lawyer (if you can afford one), obtain a legal aid lawyer (if you are below a certain income level), or speak with a free lawyer such as duty counsel or a lawyer at a family law information centre (usually at the courthouse).

Extending the Restraining Order or Peace Bond

Restraining Orders and Peace Bonds are both usually temporary, but can be extended if you can show the court this may help protect you. There is no automatic process to renew or extend these – you have to apply for any extension and prove why it is necessary for your protection.

Enforcement of Restraining Orders or Peace Bonds: Keep a Copy

If you obtain a Restraining Order against someone, or if they sign a Peace Bond, keep a copy of it on you at all times (in your bag, in your car, at home, at work). This way, if the other person violates the terms, you can show the document to the police. Unfortunately, the police do not necessarily have a copy of every Restraining Order or peace bond readily available. You need to show them the document so that they can enforce it.

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