What is the difference between a restraining order and a peace bond in a family violence situation?
A restraining order is a civil family court order, available under the Family Law Act or the Children's Law Reform Act, that restricts a person's contact or communication with a spouse, former partner, or child where there are reasonable grounds to fear for someone's safety. It's obtained through a family court application or motion, sits alongside any other family law issues in the same case, and can include conditions like no contact, no attendance at a home or workplace, or restrictions tied to parenting exchanges.
A peace bond, by contrast, is a criminal court order under the Criminal Code, obtained by laying an information before a justice of the peace and showing a reasonable fear that another person will cause injury or damage. It doesn't require a criminal charge or conviction, runs through the criminal court system rather than family court, and typically includes similar no-contact or stay-away conditions. Breaching either order is a criminal offence. Because the two serve overlapping but distinct purposes, someone facing an ongoing safety concern connected to a family law matter should get advice on which order, or both, fits their situation.
Key takeaways
- A restraining order is a civil family court order under the Family Law Act or Children's Law Reform Act.
- A peace bond is a criminal court order under the Criminal Code and doesn't require a criminal charge.
- Both can include no-contact or stay-away conditions, and breaching either is a criminal offence.
- The two run through different courts and can sometimes be pursued together.