What is required to get a peace bond compared to a restraining order under the Criminal Code?
A peace bond is obtained under the Criminal Code by laying an information before a justice of the peace and showing reasonable grounds to fear that another person will cause personal injury, or damage property, to the applicant or their family. It doesn't require proving a criminal offence took place or laying charges — the standard is a reasonable, genuine fear, assessed in the criminal court system, and if granted, the other person agrees to keep the peace and follow specific conditions, such as no contact or a stay-away requirement.
A restraining order, by contrast, is obtained in family court under the Family Law Act or Children's Law Reform Act, based on similar reasonable-fear grounds, but as part of a family law proceeding rather than a criminal one. The two aren't mutually exclusive — someone facing a genuine safety concern connected to a family relationship can potentially pursue both, since they address the same underlying risk through different court systems with different processes and evidentiary approaches. Getting legal advice on the options is worthwhile before choosing a path.
Key takeaways
- A peace bond requires showing reasonable fear before a justice of the peace, without needing a criminal charge.
- A restraining order is a family court order under the Family Law Act or Children's Law Reform Act.
- Both use a reasonable-fear standard but run through different court systems.
- The two can potentially be pursued together depending on the situation.