Restraining order

A restraining order prevents your partner from annoying, molesting, or harassing you or your children. The order is obtained from the civil courts. The police enforce the order. You should carry a copy of the order with you in case you have to call for help. You can also leave a certified copy of the order with your local police.

Peace bond

A peace bond requires your partner to keep the peace and follow any rules set out in the bond. A criminal court gives out peace bonds. As with a restraining order, you should carry a copy of the peace bond with you. In a peace bond, a judge has the power to order that your partner stay away from certain places such as your home, workplace, schools, and family houses for a certain period of time. Breaking the rules in a peace bond is a criminal and civil offence.

In an emergency, a woman may be able to get other protective orders as specified in the Protection Against Family Violence Act, for example,

• Emergency protection order
• Queen's Bench protection order
• Warranty permitting entry

More on the Protection Against Family Violence Act.

Restraining Orders

The civil courts make restraining orders. These courts also deal with divorce and custody. If you are going to be asking for custody of your children or getting a divorce, it is handy to seek a restraining order from the same court. A request for a restraining order can be made at the same time as a request for interim custody. It is also possible to apply to court for a restraining order alone.

Your lawyer can get a restraining order very quickly — often within 24 hours of meeting with you. However an application can only be made during normal court hours. It can be done without notifying the person against whom you need the order (called an ex parte application).

You do not have to give evidence in court, but just make a written statement under oath (called an affidavit) explaining why you need a restraining order.

If the order is granted without the person named in the order being present, the court will set a date in the near future for the order to be reviewed. The other person will then have an opportunity to state if they object to the order. If he is unsuccessful or does not show up to court, the order will be made for a fixed period of time. You can request for an order to be renewed when it runs out.

The restraining order can say exactly what kind of protection you and your children need. It can name places such as schools or your workplace and forbid your abuser from going there. The order can also state that the police shall arrest a person who breaks the terms of a restraining order. If the power to arrest is clearly stated in the order it may remove any uncertainty by the police in an emergency situation.

Although you can apply for a restraining order yourself, it is easier to ask a lawyer to help you.

Hiring a lawyer can be expensive, but you may be able to get help from Legal Aid. If you are hiring a lawyer yourself be sure to use a lawyer who practices in family law.

If you are not accepted for Legal Aid, talk about your financial situation with your lawyer. She or he may be able to set up a payment plan for you. Be sure to ask your lawyer to send you bills at regular periods so that you do not get a big bill at the end.

Once you have the restraining order, carry a copy with you at all times. Also, leave a copy at your children's school or day-care. If the abuser breaks the order and tries to approach you, you may have to call the police. If you can show the police a copy of the order it will make it easier for them to arrest the abuser.

Even if you have a restraining order, you should still take steps to keep yourself and your children safe.

Peace Bonds

A peace bond is an order from a criminal court. It is an order that requires someone to keep the peace and obey any other conditions that the court puts in the order. A peace bond can be used as a form of punishment when someone has committed a minor criminal offence. The offender can be required to keep the peace for up to one year, which means that he has to stay out of trouble and not be charged with any criminal offences.

A peace bond can also be used in a situation where no one has been charged with a criminal offence if someone fears for his or her safety or the safety of his or her children or property. It is possible to apply to a criminal court for a peace bond to be imposed. This might happen when someone is being harassed or stalked, or even abused. A court can grant a peace bond that requires the abuser to have no contact with you or your children and to stay away from specific places.

You do not need a lawyer to apply for a peace bond. The process can be less expensive than applying for a restraining order. Your role is to be the complainant. You make a formal complaint to the criminal justice system and then they handle the matter. The process can take longer than applying for a restraining order.

Each jurisdiction may have a slightly different process to apply for a peace bond. The police or the criminal division of the local Provincial Court will be able to tell you what to do in your area. In Edmonton, for example, you have to call the Provincial Court — Criminal Division and ask for an appointment with a Justice of the Peace. The Justice of the Peace will ask for details about your complaint and send it to the Crown Prosecutor's Office. The Crown Prosecutor's Office will determine if you have good enough reasons (grounds) for a peace bond. If there are grounds, your abuser is asked (summoned) to appear in court. You need to be ready to go to court and explain why (give evidence) you are seeking a peace bond. If your abuser does not show up, the court may give you the peace bond if it is satisfied there are grounds.

A peace bond can be granted for up to twelve months. As with a restraining order, you carry a copy with you at all times. Leave copies at your children's school and/or day-care. Remember also to continue to guard your children's and your own safety.

More Protective Order FAQs (Frequently Asked Questions)

Updated: May 2002