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Protective Orders FAQs (frequently asked questions)
- 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?
- His family and friends have in the past 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 you have to show to the court in order to get a peace bond?
- Will I get a copy of the peace bond?
- His family and friends have in the past 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 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 myself and my kids.
- What happens when the court has made the order?
You can apply for an order from court to state that your partner should not come near you or bother you. In most jurisdictions there are two types of order that will do this.
One is a restraining order and one is a peace bond.
Some provinces have legislation which provides for other types of order, e.g., in Saskatchewan the Victims of Domestic Violence Act.
A restraining order is granted by a court that deals with civil law such as divorce and custody.
A peace bond is granted by a criminal court that deals with criminal offences such as assault or harassment.
You can apply for a restraining order or a peace bond alone. In practical terms, the order you apply for will probably be decided by what other kinds of help you are
seeking from the courts.
For example, if you have left an abusive situation with your children and are seeking a custody order, it will be appropriate to ask for a restraining order at the same
time. If your partner is being charged with an offence such as assault in the criminal courts you can also apply for a peace bond to keep him away from you and your
children.
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 also apply for a restraining order alone.
It is possible for you to apply for the order yourself. In some jurisdictions, the courts have information to guide you through the process. However you may feel that you
require the assistance of a lawyer or an agency, particularly if you are also asking for custody of children.
In some areas, there may be agencies to assist you in obtaining a restraining order, e.g., in Edmonton there is the Protection and Restraining Order Project. 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, you should ensure that you 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 and some may indicate that they specialize in family law. You could ask your friends if they can recommend a person or law firm.
The Law Society of your province will also have a list of lawyers in your area practicing family law. There may be agencies that help you find a lawyer e.g., the Protective
Restraining Order Project in Edmonton. Legal Aid can also refer you to a lawyer practicing in family law.
Remember that you need to consult a lawyer who practices in the area of family law.
It may depend upon who is doing the work for you and whether the order is part of another action such as divorce or assault.
As stated above, it is possible for you to apply for a restraining order yourself. If you are only applying for a restraining order there may be no court fees, but you will
need to employ process servers to serve the order on 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 in the long term.
An agency such as the Protective Restraining Order Project in Edmonton has eligibility guidelines, so that if you qualify you will receive the services of a lawyer for a
flat rate.
Even 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.
An application can be made very quickly. It could be made within 24 hours of you meeting with a lawyer.
The court needs to have the 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 upon the evidence of
abuse given to the court.
The court will require evidence in order to justify restricting the liberty of another person. It will help if you have kept a record of times when and how you or your
children have been abused. There will also be records if you have sought medical help or counseling or if the police have ever 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.
Within reason, your lawyer will include whatever is necessary and practical to keep you and your children safe.
For example
· A statement that the police "shall" make an arrest if the abuser does not follow the terms of the order. If the order only says "may" make an arrest, the police may not be sure they have authority to do so.
· The order should mention all the places that your abuser could try to contact you and from which he is prohibited from doing so. This would include your home, your work and anywhere you spend time consistently. You may also want to include 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 a provision allowing you to deny the visit if your abuser is intoxicated at the time of the visit.
It is possible to request that the restraining order be issued against more than one person. However the court 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 if you have to report it to the police you have details to give
them.
In very exceptional cases, a restraining order can last indefinitely. More usually an order will be made for six months, so that if necessary it will have to be renewed
when it expires.
Yes. You should keep a copy with you at all times. 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 they can request the order be enforced if necessary.
A peace bond is an order made by a criminal court, which orders a person who has been harassing or abusing you to keep the peace and be of good behaviour. 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 conditions such as forbidding your abuser from carrying any weapons.
It is possible to apply for a peace bond yourself or with the assistance of a lawyer. The procedure may vary in different areas. If you call the police or the criminal
division of the courthouse they will tell you how to go about it. You may need a police file number and 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.
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 evidence to
show why you fear for your safety.
The court will require evidence in order to justify restricting the liberty of another person. It will help if you have kept a record of times when and how you or your children have been abused. There will also be records if you have sought medical help or counseling, or if the police have ever 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.
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, e.g., teachers, principal, security officers, employers.
Yes, it is possible to issue a peace bond against others, but you will have to show to the court that these others are a threat to your safety or that of your children.
A peace bond can be ordered for a maximum of twelve months.
Breach of 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 the times and nature of the harassing behaviour and report it to the police. It is possible that 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 as to what the abuser is forbidden to do.
Harassment is a criminal offence even if there is not a restraining order or peace bond in existence. It occurs when a person has a reasonable fear for her safety or for
the safety of another because of harassing behaviour. All such conduct should be recorded and reported to the police.
The practical effect of you seeing him while a restraining order or peace bond is in effect is that he may then 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 reopen the orders, you will have a difficult time persuading a judge to make a further order if it is necessary after the present order expires.
There is no question that a peace bond or restraining order can only protect to a degree. You should still take steps to ensure that you are not vulnerable to attacks.
Some things you can do:
· avoid empty places.
· carry an emergency number with you.
· ask your police service if they have any
personalised 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.
P1. I want to keep my abusive partner away from me. What can I do? (October 6, 1998)
P2. What is the difference between a restraining order and a peace bond?
(October 6, 1998)
P3. How will I decide whether to apply for a peace bond or a restraining order?
(October 6, 1998)
P4. How can I get a restraining order? (October 6, 1998)
P5. How will I find someone to help me apply for a restraining order?
(October 6, 1998)
P6. How can I find a lawyer to help me? (October 6, 1998)
P7. How much money do I need to get a restraining order? (October 6, 1998)
P8. How long does it take to get a restraining order? (October 6, 1998)
P9. What kind of order will the court make? (October 6, 1998)
P10. What kind of evidence will the court need? (October 6, 1998)
P11. What kinds of things can I ask my lawyer to put in the order? (October 6, 1998)
P12. His family and friends have in the past harassed me to talk to him. What can I do to prevent this? (October 6, 1998)
P13. How long does a restraining order last? (October 6, 1998)
P14. Should I do anything with my copy of the order? (October 6, 1998)
P15. What is a peace bond? (October 6, 1998)
P16. How can I get a peace bond? (October 6, 1998)
P17. What do you have to show to the court in order to get a peace bond?
(October 6, 1998)
P18. Will I get a copy of the peace bond? (October 6, 1998)
P19. His family and friends have in the past harassed me to talk to him. Can the peace bond keep them away from me too? (October 6, 1998)
P20. How long does a peace bond last? (October 6, 1998)
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)
P22. What happens if I agree to see him while there is a restraining order or peace bond in effect? (October 1998)
P23. Even though I have a restraining order, I am still afraid for myself and my kids. (October 6, 1998)
