Peace Bond Applications in Ontario

The short answer

You do not need police or a criminal charge to get a peace bond. Anyone who reasonably fears another person can apply to a justice of the peace. If someone applies for a peace bond against you, you can agree to it, negotiate the conditions or contest it at a hearing. Each choice has different consequences, so it is important to understand your options before your first court date.

How a private peace bond application works

1. Laying the information: The applicant swears a document before a justice of the peace explaining why they are afraid.
2. Summons: The justice of the peace issues a summons requiring the other person, called the defendant, to attend court.
3. First appearance: The defendant can agree, ask for time to get a lawyer, or ask for a hearing.
4. Hearing: If the application is contested, both sides can give evidence, and the justice of the peace decides.

What the applicant must prove

The applicant must show that they actually fear the other person will do one of the following things:

• Injure them, their intimate partner or their child.
• Damage their property.
• Share intimate images of them without their consent.

The justice of the peace must be satisfied that the fear is based on reasonable grounds. Past threats, messages or incidents are usually the main evidence. Peace bonds are not meant for ordinary disagreements or simple dislike between people, and a justice of the peace will look for genuine evidence of a reasonable fear of harm.

How a contested hearing works

At a contested hearing, the applicant usually testifies first and explains why they are afraid. They may also present messages, photographs or other witnesses. The defendant, through a lawyer, can cross-examine the applicant to test whether the fear is genuine and reasonable. The defendant can also call evidence, although they are not required to testify. The justice of the peace then decides whether a peace bond should be ordered and, if so, on what conditions.

If someone applies for a peace bond against you

• Agree: Accept the peace bond, often with negotiated conditions.
• Negotiate: Agree to a bond, but change conditions that affect your home, work or children.
• Contest: Ask for a hearing and challenge whether the fear is reasonable.

For example, if a former friend applies after a single argument with no threats, contesting may make sense. If there is a history of messages, agreeing to sensible conditions may be the practical choice.

Mutual peace bonds

Sometimes both people agree to enter peace bonds toward each other. This is common in neighbour disputes, where neither side wants a hearing. A mutual peace bond can lower tension because it applies the same rules to both people.

What if I refuse to sign a peace bond?

If the court orders a peace bond and you refuse to enter it, you can be sent to jail for up to 12 months (s. 810(3.01)). You can contest the application, but once it is ordered, refusing is not an option.

How long it takes

An agreed peace bond can often be completed at an early court date. A contested application usually takes a few months, because the court must schedule a hearing and both sides need time to prepare.

If you want to apply for a peace bond

If you are afraid of someone, you can attend the courthouse and ask to speak to a justice of the peace about laying an information. Bring any messages, photographs or other records that show why you are afraid, along with the names of any witnesses. If you are in immediate danger, call 911. A peace bond is a preventive order, not an emergency response. Depending on the relationship, a family court restraining order may be another option, and our guide to peace bonds vs restraining orders compares the two.

Possible outcomes

What to do now

• Keep your court date, even if you plan to agree.
• Do not contact the applicant about the application.
• Save any messages or records that show your side of the situation.
• Get legal advice before you decide whether to agree, negotiate or contest.

Preparing for the first appearance

Before the first appearance, it is helpful to gather any messages, emails, photographs or witness names that relate to the dispute, because these may show whether the applicant's fear is reasonable. You should also think about which conditions would be workable for you, such as how far you could reasonably stay from the applicant's home if you live in the same neighbourhood. Bringing this information to a lawyer early allows them to give you realistic advice about whether to agree, negotiate or contest the application.

Evidence the applicant may rely on

Applicants commonly rely on their own testimony, text messages, voicemails, social media posts, photographs of damage and statements from people who witnessed past incidents. Some of this evidence may be incomplete or taken out of context, and a lawyer can use cross-examination to show the full picture, such as messages sent by the applicant that suggest the dispute was mutual or that the applicant was not genuinely afraid.

Interim conditions while the application is pending

In some cases, the justice of the peace may impose temporary conditions while a peace bond application is waiting to be heard, particularly when the applicant describes a serious and ongoing fear. These interim conditions can look very similar to a final peace bond and must be followed exactly until the hearing is completed or the application is resolved.

How we can help

We can help you decide whether to agree, negotiate or contest, and represent you at the hearing. We can also help if you need to apply for one yourself. Call (647) 223-1980 for a free consultation.

Frequently asked questions