There are two main kinds of protection orders that you can apply for if you’re afraid for your safety or the safety of your children: a restraining order and a peace bond.
You have to decide which order to apply for based on what is best for your situation. You should think about things like:
- the relationship you have with the person you want the order against
- how long you want the order to last
- which court you have to use
You don’t need a lawyer to apply for a restraining order or peace bond. But it’s a good idea to get legal help, especially if your case has complicating factors, like immigration issues or child custody.
A lawyer can help you decide the type of court order you need, the conditions to ask for, and how to apply. If you can’t afford a lawyer, there are resources to help you.
Safety plan
It can take a long time to get any type of court order, especially if the other person asks the court for more time to get ready.The person you’re asking for an order against doesn’t have to keep away from you or your children while you’re waiting for the court to make a decision. Think about making a safety plan(link is external) for you and your children.
Learn about restraining orders
A restraining order is a family court order that limits what a person can do in any way that the court thinks is appropriate. The order might limit where a person can go, or who they can contact or communicate with.
A restraining order might say that a person must not:
- come within 500 metres of you and your children
- come within 750 metres of your home and work
- talk to or contact you or your children except through an agency or another person
Not following the conditions in a restraining order is a crime.
Who can apply
You go to family court to get a restraining order. In most cases, you can apply for a restraining order against someone if at least one of these is true:
- you were married to the person
- you lived together with the person for any period of time
- you have a child with the person
If none of these situations apply to you, you can think about going to criminal court to ask for a peace bond. You can ask for a peace bond against anyone. It doesn’t have to be someone you were in a relationship with. For example, you could apply for a peace bond against a neighbour or co-worker.
Prove why you need the order
To get a restraining order, you must prove that you have reasonable grounds to fear for your safety or the safety of any child in your custody. You must show why you are afraid for yourself or any child.
A restraining order can be temporary or permanent. Most restraining orders are temporary.
The question “What is a restraining order?” has more information about restraining orders.
Learn about peace bonds
A peace bond is a criminal court order made by a justice of the peace or judge. It is a signed promise to keep the peace and have good behaviour. If someone signs a peace bond, it means they promise to follow the conditions in it and not to break the law.
Not following the conditions in a peace bond is a crime.
Who can apply
You go to criminal court to get a peace bond.
Anyone can apply for a peace bond under section 810 of the Criminal Code. These peace bonds are sometimes called “section 810 peace bonds” or “810 recognizances”.
You can apply for a peace bond against anyone. It doesn’t have to be someone you were in a relationship with. For example, you could apply for a peace bond against a neighbour or co-worker.
Prove why you need the order
To get a peace bond, you must prove that you have a reasonable fearthat the other person will:
- hurt you, someone in your family, or your pets,
- damage your property, or
- share an intimate image or video of you without your permission.
Section 810 peace bonds can last for up to one year. If you still feel you’re in danger after one year, you can apply again for another peace bond. You do not need to wait for it to end before applying again.
Mutual peace bonds
Sometimes a justice of the peace or judge will suggest a mutual peace bond. Or the person you’re requesting an order against might ask you to agree to sign one too.
A mutual peace bond places conditions on both you and the person you requested an order against. For example, a mutual peace bond might say that neither of you can contact the other person.
If you’re asked to sign a mutual peace bond, get legal help before you sign. If there is a mutual peace bond and you break it by contacting the other person, they can press criminal charges against you. Sometimes the person might do things to get you to break the peace bond so they can call the police on you.