Peace Bond vs Restraining Order in Ontario

The short answer

A peace bond and a restraining order can both stop someone from contacting you. However, they come from different courts, follow different rules and have different consequences. A peace bond comes from criminal court and lasts up to 12 months. A restraining order usually comes from family court, is often connected to separation or parenting issues, and can last considerably longer than a peace bond. Knowing which one applies, or whether both do, helps you understand exactly what you can and cannot do.

Peace bond

• Court: It is made in criminal court, the Ontario Court of Justice.
• Requested by: The Crown, or a private person through a justice of the peace, can request it.
• Length: It lasts up to 12 months.
• Breach: Breaking it is a criminal offence under s. 811, with up to 4 years by indictment.
• Background checks: It can appear on some police checks while in effect.

Restraining order

• Court: It is usually made in family court.
• Requested by: A party in a family case, such as a spouse or parent, can request it.
• Length: It can be longer, or have no end date, depending on the order.
• Breach: Police can lay criminal charges for breaking a court order.

Neither one is a criminal conviction.

When a peace bond is used

• To resolve a criminal charge: The Crown withdraws the charge, and you agree to a peace bond. See peace bond instead of a criminal charge.
• On a private application: A person applies when there is no family case. See peace bond applications.

When a restraining order is used

A restraining order is usually requested within a family court case, such as a separation or a parenting dispute. It often deals with partners, former partners and children. Because it is part of a family case, the court can consider the whole family situation, including parenting arrangements.

Can you have both?

A person can be bound by both orders at the same time. Follow the strictest conditions in each order, because breaking either one can lead to a charge. If they conflict, for example on contact with children, get advice right away rather than guessing.

Criminal release conditions as well

If you are also facing a criminal charge, you may have release conditions from the criminal court as well. These conditions are separate from any peace bond or restraining order. A family court order does not cancel criminal release conditions, so you must follow all of them until each one is changed by the proper court. When the orders differ, the safest approach is to follow whichever condition is stricter and to ask your lawyers to coordinate any necessary changes.

What happens if you breach either order

Breaking either order can lead to criminal charges. Breaching a peace bond is an offence under s. 811. See breaching a peace bond.

Choosing the right order

If you are afraid of someone you have never lived with, such as a neighbour or a former friend, a peace bond is usually the more direct route. If you are separating from a partner and there are issues about children or the family home, a restraining order within the family case may fit better. In some situations, both may be needed.

What to do now

• Gather copies of every order you are subject to, including any release papers.
• Write down each condition, so you can see where they overlap or conflict.
• Get advice from both a criminal lawyer and a family lawyer if both courts are involved.

How each order is made

A peace bond is made in the Ontario Court of Justice, either when the Crown withdraws a criminal charge or after a private application to a justice of the peace. A restraining order is usually made by a judge in a family court proceeding, often as part of a larger case about separation, parenting or property. The process, the evidence required and the people who can ask for each order are therefore quite different, even though the final orders may look similar.

Enforcement by police

Police can enforce both a peace bond and a restraining order, and they can arrest a person they believe has breached either one. When police respond to a call, they usually check their databases for active court orders, and the wording of each order will guide what they do. It is a good idea to keep a copy of any order that protects you, and for a person bound by an order to keep a copy as well, so that both sides know the exact terms.

When an order ends

A peace bond ends at the end of its term, which is usually 12 months. If the protected person still has reasonable grounds for fear after that, they can apply for a new peace bond, but the court will consider the circumstances again. A restraining order may last for a set period or continue until a court changes it, depending on its wording, so it is important to read the order itself rather than assume it has ended.

Peace bonds and family court cases

When a family court case is already underway, the parties sometimes ask whether a peace bond or a restraining order is the better choice. The answer depends on the relationship between the people, the risks involved and whether children are affected. In many family situations, the family court is better placed to make detailed orders about parenting time and the family home, while a peace bond is more focused on preventing contact and harm. Coordinating advice between a criminal lawyer and a family lawyer can help avoid orders that conflict with each other.

Keeping records of breaches

If you are protected by either order and the other person breaks it, write down the date, time and details of what happened, keep any messages or voicemails, and report the breach to police. Clear records help police decide whether to lay a charge and help the court understand what happened if the matter goes to trial.

How we can help

We can explain which order fits your situation, and coordinate with your family lawyer when both are involved. Call (647) 223-1980 for a free consultation.

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