What is the difference between a protection order and a peace bond in BC?
This answer covers the law of British Columbia.
A protection order is a civil order under the Family Law Act, and a peace bond is a criminal court order under the Criminal Code, so the right choice depends on who the person is and what you fear. A protection order can only be made against a family member, while a peace bond can be used against anyone.
For a protection order, the court must find that family violence is likely to occur and that you are an at-risk family member. You, someone on your behalf, or the court itself can apply, and it can be made without notice to the other person. Either the Supreme Court or the Provincial Court can hear it. For a peace bond, you lay an information if you fear on reasonable grounds that someone will injure you, your intimate partner or child, or damage property, and the court may order a recognizance of up to 12 months if the fear is shown to be reasonable.
A protection order expires one year after it is made unless the court provides otherwise. Police can enforce a protection order, and breaching a peace bond can carry up to four years in prison.
Key takeaways
- A Family Law Act protection order can only be made against a family member, but a peace bond can be used against anyone.
- A protection order needs a finding that family violence is likely and that you are an at-risk family member, and it can be applied for without notice to the other person.
- A peace bond requires reasonable grounds for your fear, and the court may order a recognizance to keep the peace for up to 12 months.
- Police can enforce a protection order, and breaching a peace bond can carry up to four years in prison.