• I want to keep my abusive partner away from me. What can I do?
• What is the difference between a restraining order and a peace bond?
• How will I decide whether to apply for a peace bond or a restraining order?
• How can I get a restraining order?
• How will I find someone to help me apply for a restraining order?
• How can I find a lawyer to help me?
• How much money do I need to get a restraining order?
• How long does it take to get a restraining order?
• What kind of order will the court make?
• What kind of evidence will the court need?
• What kinds of things can I ask my lawyer to put in the order?
• In the past his family and friends have harassed me to talk to him. What can I do to prevent this?
• How long does a restraining order last?
• Should I do anything with my copy of the order?
• What is a peace bond?
• How can I get a peace bond?
• What do I have to show to the court in order to get a peace bond?
• Will I get a copy of the peace bond?
• In the past his family and friends have harassed me to talk to him. Can the peace bond keep them away from me too?
• How long does a peace bond last?
• What happens if he carries on phoning me and harassing me at work even after a restraining order or peace bond is granted?
• What can I do if I do not have a peace bond or a restraining order, but my former partner arrives at my house at 2:00 a.m. and starts to abuse me again?
• What happens if I agree to see him while there is a restraining order or peace bond in effect?
• Even though I have a restraining order, I am still afraid for my kids and myself.
• What happens when the court has made the order?

P1. I want to keep my abusive partner away from me. What can I do? (June 10, 2002)

You can apply for an order from court to state that your partner should not come near you or bother you. In general, there are two types of court order to achieve this. One is a restraining order and one is a peace bond. If your partner has already been convicted of criminal charges such as assault, he may already be in breach of an order to keep the peace.

Some provinces have legislation that provides for orders to be made in emergency situations, for example, the Victims of Domestic Violence Act in Saskatchewan and the Protection Against Family Violence Act in Alberta.

P2. What is the difference between a restraining order and a peace bond? (June 10, 2002)

Although the effects of a restraining order and a peace bond are similar, the main differences arise from the fact that a restraining order is a civil remedy, and a peace bond is a criminal remedy. A court that deals with civil law, such as divorce and custody, grants a restraining order.

A criminal court that deals with criminal offences, such as assault or harassment, grants a peace bond.

P3. How will I decide whether to apply for a peace bond or a restraining order? (June 10, 2002)

You can apply for either a restraining order or a peace bond alone. The order you apply for will probably depend on what other kinds of help you need from the courts and your own individual circumstances.

For example, if you have left an abusive partner and are asking for a custody order for your children in civil court, it will make sense to ask for a restraining order at the same time. On the other hand, if your partner is being charged with an offence, such as assault, in the criminal courts, you can apply at the same time for a peace bond to keep him away from you and your children. It is also possible to apply for a restrianing order or a peace bond without applying for anything else. It is less expensive to apply for a peace bond as the criminal justice system does much of the work. Although you don't need a lawyer to apply for a restrining order - it can be helpful. A restraining order can be obtained on an emergency basis, but only during normal court hours.

P4. How can I get a restraining order? (October 6, 1998)

You have to apply to court for a restraining order. The civil courts (rather than the criminal court) make a restraining order.

A restraining order can be attached to another action, such as divorce or custody, but you can apply for a restraining order alone.

You can apply for the order yourself. Sometimes, the courts have information to guide you through the process. You may feel that you need help from a lawyer or an agency, particularly if you are also asking for custody of children.

P5. How will I find someone to help me apply for a restraining order? (June 10, 2002)

In some areas, there may be agencies to assist you in obtaining a restraining order, for example, there is a Protection and Restraining Order Project in Edmonton that will guide you. Even if the agency cannot give you financial help, it will assist you to find legal and community help.

If you decide to consult a lawyer, make sure that you consult a lawyer who practices in the area of family law.

P6. How can I find a lawyer to help me? (June 10, 2002)

You need to consult a lawyer who practices in the area of family law. There are several ways to find a lawyer.

• Lawyers are listed in the Yellow Pages. Look for one who specializes in family law.
• Ask your friends if they can recommend a person or law firm.
• The Law Society of your province will have a list of lawyers in your area who practice family law.
• There may be agencies that will help you find a lawyer, e.g., the Protective Restraining Order Project in Edmonton, Calgary Legal Guidance in Calgary.
• Legal Aid can also refer you to a lawyer practicing in family law.

P7. How much money do I need to get a restraining order? (June 10, 2002)

It will depend on who is doing the work for you and whether the order is part of another action, such as divorce or assault.

You can apply for a restraining order by yourself. If you are only applying for a restraining order, there may be no court fees, but you will need to hire a process server to deliver the order to your abuser. This can become expensive if your abuser is hard to find. An agency or a lawyer will likely have an arrangement for a bulk rate with a process server, which may save you money.

If you are using a lawyer, you may be eligible for Legal Aid.

If you have concerns about the cost of your lawyer, you should be sure to discuss this with her. The lawyer may agree to reduce fees or to accept payment by installment.

P8. How long does it take to get a restraining order? (June 10, 2002)

An application can be made very quickly. It could happen within 24 hours of you meeting with a lawyer, but the application can only be made during normal court hours.

If you need a protective order on an emergency basis, for example at 2:00 a.m., you should call the police. The police can apply for an emergency protective order under the Protection Against Family Violence Act at any time of the day or night.

P9. What kind of order will the court make when granting a restraining order? (June 10, 2002)

The court needs to have information from you and your lawyer in order to know what is necessary to protect you. The order must be worded very carefully so that it can be enforced effectively.

In practice, your lawyer will prepare an order based on the information you tell her. Your lawyer will then ask the court to approve the order based on the evidence of abuse given to the court. It is therefore very important for you to tell your lawyer every detail about your case so that the order will cover every eventuality.

P10. What kind of evidence will the court need? (October 6, 1998)

The court will require evidence in order to justify restricting the freedom of another person. It will help if you have kept a record of when and how you or your children have been abused. There will also be records if you have sought medical help or counselling or if the police have been involved.

You should also consider whether there are any witnesses who could help you. Even though the abuse only occurred in private, your family and friends may have noticed more than you think.

P11. What kinds of things can I ask my lawyer to put in the order? (June 10, 2002)

Within reason, your lawyer will include whatever is necessary and practical to keep you and your children safe.

For example,

• The order should state that the police "shall" make an arrest if the abuser does not follow the terms of the order. Having the power to arrest clearly stated in the order can resolve any uncertainty in an emergency situation.

• The order should mention all the places that your abuser could try to contact you and from which he is prohibited. This includes your home, your work, the children's school, homes of other family members, and anywhere you often spend time. You may also want to say "no contact by phone".

• If the order is also to prevent your abuser from seeing your children, the order should prohibit him from being at their school or day care. Any visitation rights with children should be specified in terms of place and time. You may also want to include terms allowing you to deny the visit if your abuser is intoxicated at the time of the visit.

P12. In the past his family and friends have harassed me to talk to him. What can I do to prevent this? (October 6, 1998)

It is possible to request that the restraining order be issued against more than one person. The court, however, will require clear evidence that this is necessary. You will therefore need to show the court why the other people should be prevented from contacting you or your children.

Harassment can also be a criminal offence. Harassing behaviour can include repeatedly visiting, calling, or writing to you, or doing something that threatens you or someone in your family. Once again, it is important to make records of any incidents of harassment, so that you have details to give the police if you have to report it.

P13. How long does a restraining order last? (October 6, 1998)

In very exceptional cases, a restraining order can last indefinitely. More usually an order will be made for six months. If necessary you can renew it when it expires.

P14. Should I do anything with my copy of the order? (October 6, 1998)

Yes. You should keep a copy with you all the time. If your abuser tries to contact you or see you, you will be able to show the police that the order has been violated.

If the order includes provisions about your children, you should leave a copy with their school principal or day care director so that he or she can request the order be enforced if necessary.

P15. What is a peace bond? (June 10, 2002)

A criminal court makes a peace bond, which orders a person who has been harassing or abusing you to keep the peace and behave well. A peace bond can order a person not to contact you or your family and to keep a certain distance from your home, school or workplace. A judge may also impose extra terms such as forbidding your abuser from carrying any weapons.

Often, when someone is convicted of a charge such as assault, the court will impose a peace bond as part of the punishment. It is also possible to apply for a peace bond even though there are no criminal charges being laid against your abuser.

P16. How can I get a peace bond? (October 6, 1998)

You can apply for a peace bond yourself or with the help of a lawyer. The process may vary in different areas. If you call the police or the criminal division of the courthouse, they will tell you how to do it. You may need a police file number. You will probably have to make an appointment with a Justice of the Peace who will assess whether you have grounds for a peace bond.

If you are able to go ahead with your application, a summons is sent to your abuser to appear in court. If he does not show up, the peace bond may be issued if the court agrees that you need protection. If your abuser does show up, he may oppose your application. The court will decide whether to issue the peace bond after listening to both sides of the situation.

P17. What do I have to show to the court in order to get a peace bond? (October 6, 1998)

You have to show that you believe this person will cause injury to you or your children or damage your property. As with a restraining order, you will need to prove why you fear for your safety.

The court will require evidence in order to justify restricting the freedom of another person. It will help if you have kept a record of when and how you or your children have been abused. There will also be records if you have sought medical help or counselling, or if the police have been involved.

You should also consider whether there are any witnesses who could help you. Even though the abuse only occurred in private, your family and friends may have noticed more than you think.

P18. Will I get a copy of the peace bond? (October 6, 1998)

Yes. As with a restraining order, you should carry it around with you so that it can be shown to the police if the order is broken.

You can also inform others about the peace bond to assist in your security, for example, teachers, principal, security officers, and employers.

P19. In the past his family and friends have harassed me to talk to him. Can the peace bond keep them away from me too? (October 6, 1998)

Yes, it is possible to issue a peace bond against others, but you will have to show the court that these others are a threat to your safety or that of your children.

P20. How long does a peace bond last? (October 6, 1998)

A peace bond can be ordered for a maximum of twelve months.

P21. What happens if he carries on phoning me and harassing me at work even after a restraining order or peace bond is granted? (October 6, 1998)

Breaking a peace bond or a restraining order is a criminal offence for which the offender can be arrested and charged. You should keep records of when and how he harasses you and report it to the police. The police will only take action if it is clear that the terms of the order or peace bond have been broken. That is why it is extremely important to be very clear in the order what the abuser is forbidden to do.

Harassment is a criminal offence even if there is no restraining order or peace bond. Harassment occurs when a person has reasonable fear for her safety or for the safety of someone else. All such behaviour should be written down and reported to the police.

P21a. What can I do if I do not have a peace bond or a restraining order, but my former partner arrives at my house at 2:00 a.m. and starts to abuse me again? (June 10, 2002)

If you are able, you should call the police who can apply for an emergency order under the Protection Against Family Violence Act. The police can apply for this order at any time of the day or night.

P22. What happens if I agree to see the person named in the restraining order or peace bond? (June 10, 2002)

If you see the person while a restraining order or peace bond is in effect, he may be able to apply to the court for the order to be lifted because even you are not keeping the terms.

Even if he does not apply to lift the orders, you may have a hard time persuading a judge to make another order when the current one expires if the judge is told that you voluntarily saw the other party while the order was in effect.

P23. Even though I have a restraining order, I am still afraid for my kids and myself. (October 6, 1998)

A peace bond or restraining order can only protect a certain amount. You should still take steps to make sure that you are not open to attacks.

Some things you can do:

• Avoid empty places.
• Carry an emergency number with you.
• Ask your police service if they have any personal alarm systems.
• Walk in well lit areas.
• Wear comfortable shoes so you can run if necessary.
• If you feel you are being followed, go to a safe place like a store or cafe.
• Ask your transit company if a bus can stop nearer your home.

P24. What happens when the court has made the order? (October 6, 1998)

You will get a copy of the order. If your abuser did not show up to court for the hearing, your lawyer will try to deliver a copy of the order directly to him.

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