Peace Bonds And Restraining Orders

PEACE BONDS

A Peace Bond is a lay person's term for what is referred to in the Criminal Justice system as a "Recognizance to Keep the Peace".

A Peace Bond is applied through the Criminal Court.

A person may apply for a Peace Bond if they fear that someone intends to harm them, their spouse/partner, or their children, or that another person intends to damage their property.

A Justice of the Peace will hear the evidence, and may set a court date to summon both parties to court.

The Justice of the Peace (not a Judge) will hear the testimony of the party bringing forth the request. He will ask if they will agree to enter into a recognizance to keep the peace. If they refuse he will ask for the testimony of the second party. The Justice of the Peace will decide whether there are grounds for a Peace Bond.

A recognizance to keep the peace will not exceed 12 months.

A Justice of the Peace may order a person to comply with any other "reasonable conditions". They might include a firearms prohibition, staying a set distance away from the other person, their spouse/partner, and children, and by not communicating with the said parties.

A Justice of the Peace can sentence a person to 12 months in jail if they refuse to enter into the recognizance. If a person is charged with a breach of their Peace Bond, during the time it is in effect, that person will have a criminal record.

BREACH OF RECOGNIZANCE

It is a Criminal Offence to violate the terms of a Peach Bond. (However, someone must report the offence to the Police, and the Police must lay charges).

OTHER INFORMATION REGARDING - PEACE BONDS

A Peace Bond is a "privately laid information". This means that when a court hearing is held, a person (abused woman) is representing herself. The Crown Attorney does not become involved in privately laid information.

Legal Aid does not cover privately laid information either. This means that a woman cannot hire a lawyer to help her obtain a Peace Bond, unless she can afford to pay the legal fees herself.

RESTRAINING ORDER

It can be referred to as a "non- harassment order" or a "mutual non-harassment order". This means that one person is to refrain from "harassing, annoying or molesting" another person.

A Restraining order is obtained in Family Court through the Family Law Act.

It is applied for in conjunction with a Custody and Access Order although it is possible to ask a Family Court Judge to grant a restraining order alone. Most people who apply for a restraining order have a lawyer, although it is possible to complete the paper work on your own, and appear in court unrepresented.

Restraining orders are often not very specific. This makes it difficult to enforce. For instance, they often do not state that one person should not be within so many meters of another person's place of work. You can be harassed from a distance. (Being followed around, but not actually communicating).

A Police Officer can charge any person who violates a restraining order, however they are not charging the person with a Criminal Code offence. They are charging them with violating an order made under the Family Law Act.

If a charge is laid, it is prosecuted as a Provincial Offence. For a first offence a person may receive a fine up to $5,000. Or sent to jail, or both. Further offences may lead to a fine of up to $10,000. Or a jail term of up to two years or both. ( It would be unusual to see such a sentence).

Information Regarding Court and the Legal Process