Restraining order

A restraining order prevents your partner from annoying, molesting or harassing you or your children. 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. 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, family houses for a certain period of time. Breaking the rules of a peace bond is a criminal and civil offence.

If Rose was in an emergency situation, she would be able to get other protective orders as specified in the Protection Against Family Violence Act

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

Restraining Orders

The civil courts make restraining orders. The civil courts also deal with divorce and custody. If you are going to be asking for custody of children or getting a divorce, it is handy to seek a restraining order from the same court. An application for a restraining order can be made at the same time as an application for interim custody.

Your lawyer can get a restraining order very quickly — often within 24 hours of meeting with you. It can be done without notifying your partner (called an ex parte application ).

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 him from going there. If the abuser breaks the rules, the police can arrest him.

You would not have to give evidence in court, but just make a written statement under oath (called an affidavit) as to the reasons you require a restraining order.

How long does a restraining order last?

If the order is made on an emergency basis and the abuser is not present, it is required that a copy be given to him in person. A date is set for the order to be reviewed. On the date for review, the abuser may go to court to say why the order should not be granted. If he is unsuccessful or does not go to court, the order will be made for a fixed period of time. Usually, a restraining order lasts six (6) months. You may ask to renew it if you need it.

Can I get a restraining order myself?

Although you can apply for a restraining order yourself, it will be easier to get a lawyer to help you. Hiring a lawyer can be expensive. There are some agencies that can help pay for a lawyer, e.g., The Protection and Restraining Order Project in Edmonton (780-423-8920). You may also be able to get help from Legal Aid. Be sure to use a lawyer who practices in family law.

Even if you are not accepted for Legal Aid, talk about your financial situation with your lawyer. Your lawyer may be able to set up a payment plan for you. Be sure to ask your lawyer to send you bills at regular intervals so that you do not receive a large bill at the end.

Once you have the restraining order you should carry a copy with you at all times. You should also leave a copy at your children's school or day-care. If the abuser breaks the terms of 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 bound over 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 the situation where a person fears for his or her safety or the safety of his or her children or property. This might happen where 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 your own lawyer to apply for a peace bond. The process can be less expensive than applying for a restraining order. Your role in the process is to be the complainant. You make a formal complaint to the criminal justice system and they then handle the matter. This can mean that you may not be so well informed about what is going on. When you have a lawyer applying for you will be more up-to-date about what is going on. The process will take longer without a lawyer.

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 of your complaint and send it to the Crown Prosecutor's Office. The Crown will determine if you have 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 appear in court and explain why (give evidence) why you are seeking a peace bond. If your abuser does not show up, the court may give you the peace bond if 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 guard your children's and your own safety.

More Protective Order FAQs (frequently asked questions)