Restraining Order vs Peace Bond in Ontario: What's the Difference?

When someone you live with — or used to live with — makes you feel unsafe, Ontario law gives you more than one avenue for protection. Two options you will likely hear about are a family law restraining order and a peace bond. They sound similar, and both can restrict someone's behaviour toward you, but they come from completely different parts of the legal system. Choosing the right one (or using both at once) depends on your situation.

If you are in immediate danger, call 911.

Two Different Legal Systems

The fundamental difference is which court is involved and who drives the process:

What Is a Family Law Restraining Order?

A family law restraining order is issued by the Ontario Court of Justice or Superior Court of Justice (Family Court branch). You apply for it yourself, usually through a family lawyer. It is available under the Family Law Act and the Children's Law Reform Act to:

• Current or former spouses (married or common-law).
• People who have lived together in a conjugal relationship.
• Parents involved in a parenting dispute.

The order can prohibit contact, restrict how close the respondent can come to your home or workplace, and impose communication rules for co-parenting. The judge decides what terms to include based on your evidence of past conduct and the risk of harm.

Because you control the application, you can tailor it to your specific circumstances — for example, requiring that all parenting communications go through a specific parenting app, or carving out a narrow exception for drop-off arrangements.

How long does it last?

A family court restraining order can be temporary (pending a full hearing) or final (indefinite or for a specified term). It can be varied later if circumstances change.

What Is a Peace Bond?

A peace bond is issued by a criminal court (Ontario Court of Justice) under the Criminal Code. The key distinction: the Crown Attorney — not you — is the applicant. You give a statement and the Crown decides whether to apply. This means you have less control over the terms and process.

A peace bond is available when:

• A person has reasonable grounds to fear that someone will cause personal injury to them, their spouse, their child, or their partner; or
• A person has reasonable grounds to fear that someone will damage their property.

The respondent can consent to a peace bond (which means no finding of guilt) or the matter can be contested. If they consent, they agree to certain conditions — typically no contact, staying away from specified locations, possibly surrendering firearms.

No criminal record from a peace bond itself

Consenting to a peace bond is not a criminal conviction. It does not appear on a criminal record check in the same way a conviction does. However, if someone breaches the peace bond, that breach can lead to criminal charges.

You have less control

Because the Crown drives the process, you cannot directly choose the conditions. You can communicate what you need, and a victim witness advocate can help, but the Crown and the court set the terms. If the Crown declines to proceed, you may feel powerless — which is one reason why a family law restraining order can be a better fit for many domestic situations.

Can You Have Both at the Same Time?

Yes. A family law restraining order and a peace bond are not mutually exclusive. In fact, having both provides reinforcement: if one order is breached, the other may also be triggered. For clients who have both an ongoing family court matter and a criminal investigation, working with a lawyer who understands both systems is important.

Which One Is Right for Your Situation?

Consider a family law restraining order when:

• You are in a family court proceeding (separation, divorce, parenting dispute).
• You want control over the terms of the order.
• You need protection that integrates with parenting arrangements.
• You do not want to rely on the Crown's willingness to act.

Consider a peace bond when:

• Police are already involved and a criminal investigation is underway.
• The respondent is not a current or former intimate partner (e.g., a stranger, a neighbour).
• You want an order quickly through the criminal system.

Consider both when:

• The situation involves serious violence or threats.
• There is an active family court case and an ongoing criminal investigation simultaneously.

Frequently asked questions