Peace Bonds vs Restraining Orders in Ontario
When someone is afraid of another person, two different court orders may be on the table: a peace bond, which is a criminal court order, and a restraining order, which is a family court order. They have different purposes, routes and consequences.
- A peace bond is made under the Criminal Code and usually asks the person to keep the peace and follow conditions, for up to a year.
- A restraining order under the Family Law Act is available to certain people with a close relationship and is made in family court.
- Breaching a peace bond is a criminal offence. A breach of a family court restraining order can also be criminal.
- If you are in immediate danger, call 911 first.
Peace bonds
A peace bond is an order made when a judge or justice is satisfied that a person has reasonable grounds to fear that another person will hurt them, their family or their property. The person agrees to conditions, such as no contact and staying away from places, for a period of up to twelve months. It does not involve a finding of guilt or a criminal record, which is why it is often offered as a resolution to a charge.
Restraining orders
A restraining order under the Family Law Act is a civil order that restricts contact and may set distances from a home or workplace. It is available to people who are or were in a close relationship, such as spouses, former spouses, people who lived together, or parents of a child. It can also be made alongside other family court orders, such as for parenting time.
Key differences
- Source: peace bond from criminal law; restraining order from family law.
- Who applies: peace bonds usually go through the police and the Crown, or a person can swear an information. Restraining orders are applied for in family court.
- Who it covers: a peace bond can be used between any people, while a restraining order is for people with a family-law relationship.
- Record: a peace bond has no conviction, but a breach is a charge.
What to do if you are afraid
- If you are in danger now, call 911.
- Keep a record of every incident: date, time, what was said or done, and who saw it. Save messages and voicemails.
- Report incidents to the police so there is an official record.
- Contact a victim services agency for safety planning and support.
- Speak to a lawyer or legal clinic about which order fits your situation.
If you are the person named
Do not contact the other person while the matter is before the court unless a court order says you can. If you are offered a peace bond to resolve a charge, understand the conditions and how long they last before you agree. A breach can lead to new charges.
Common questions
Does a peace bond mean I have a criminal record?
A peace bond is not a conviction. But the process and any breach charges are criminal matters, so get advice before you agree.
Can I get either without a lawyer?
Yes, people do. Legal clinics, duty counsel and victim services can help you understand the process.
Who can help. Criminal and family court matters are generally handled by lawyers. Licensed paralegals have a more limited scope in these areas.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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