A peace bond in Ontario is a legal order made by a court that requires a person to keep the peace and be of good behaviour, often with additional conditions such as avoiding contact with certain individuals or staying away from specific places. While it is not a criminal conviction, a peace bond can have significant legal implications. It is often used to resolve criminal charges—particularly in cases involving domestic disputes, threats, harassment, or minor assaults—without the need for a trial or guilty plea. Understanding what a peace bond is, how it works, and when it may be appropriate is essential for anyone involved in a criminal case in Ontario.
What Is a Peace Bond?
A peace bond is authorized under section 810 of the Criminal Code of Canada. It is a court order that requires a person to enter into a recognizance (a formal promise) to keep the peace and comply with specific conditions for a set period—usually up to 12 months.
Peace bonds are typically used when there are concerns about potential harm or conflict but insufficient evidence to secure a conviction. They allow both parties to move forward without a finding of guilt while still offering protection to those who may be at risk.
Common conditions attached to a peace bond include:
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Keeping the peace and being of good behaviour.
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Having no contact with specific individuals.
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Staying away from certain locations, such as a home or workplace.
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Not possessing weapons or firearms.
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Attending counselling or anger management programs.
The person entering into the peace bond must agree to these conditions voluntarily, and violating them can lead to criminal charges.
When Can a Peace Bond Be Issued?
A peace bond can be issued in two primary situations:
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As part of a criminal case resolution:
This is the most common scenario. The Crown may agree to withdraw charges—such as assault, threats, or harassment—if the accused enters into a peace bond. It’s a way to resolve the matter without a criminal conviction while still addressing safety concerns. -
As a preventive measure:
A person (the complainant) can apply directly to the court for a peace bond if they have reasonable fear that another person may harm them, their family, or their property. The court may require the respondent to enter into a peace bond even if no criminal charges are laid.
In both cases, the court must be satisfied that there is a legitimate concern for safety or potential harm.
Is a Peace Bond a Criminal Record?
A peace bond is not a criminal conviction and does not result in a criminal record. However, if the peace bond is entered as part of a criminal charge resolution, the charge will appear as “withdrawn” or “stayed” on a criminal background check for a period of time before being removed.
While the peace bond itself does not show up on most employment background checks, the existence of prior charges—even withdrawn ones—can sometimes cause temporary administrative issues.
It is important to note that breaching the conditions of a peace bond is a criminal offence that can result in a conviction and a permanent criminal record.
The Difference Between a Peace Bond and a Restraining Order
While both peace bonds and restraining orders serve to protect individuals from harm or harassment, they differ in key ways:
| Feature | Peace Bond | Restraining Order |
|---|---|---|
| Source of law | Criminal Code (s.810) | Family Law Act or Civil Courts |
| Who can apply | Anyone with a reasonable fear for safety | Usually family members or partners |
| Criminal record | No, unless breached | No |
| Duration | Up to 12 months | Can be longer |
| Enforcement | Breach leads to criminal charge | Enforced through family or civil court |
Peace bonds are more commonly used in criminal proceedings, while restraining orders apply primarily in family or civil contexts.
Advantages of a Peace Bond
Peace bonds offer several benefits, particularly when compared to proceeding through a criminal trial:
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No criminal conviction: You avoid a permanent criminal record.
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Resolution without trial: The case can be resolved quickly and efficiently.
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Flexibility: Conditions can be tailored to address specific safety concerns.
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Rehabilitation opportunities: Courts may encourage counselling or mediation.
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Restoration of relationships: Particularly useful in domestic disputes where parties wish to reconcile over time.
For many first-time offenders or individuals facing minor charges, a peace bond is often the most practical and constructive resolution available.
Potential Drawbacks and Consequences
While a peace bond can be a positive outcome, it also carries certain risks and limitations:
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Strict compliance required: Any breach of the conditions can result in new criminal charges.
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Temporary restrictions: You may be prevented from contacting loved ones, returning home, or possessing firearms.
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Implied responsibility: Although not a conviction, entering a peace bond can be perceived as an admission of wrongdoing by employers or immigration authorities.
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Limited duration: A peace bond typically lasts only 12 months, after which the order expires unless renewed.
It is important to carefully review the terms before agreeing, as they can affect your daily life and freedoms.
How to Obtain or Agree to a Peace Bond
If the Crown offers a peace bond as part of a case resolution, your defence lawyer will review the proposal and explain the implications. You will then appear before a judge to formally agree to the recognizance and its conditions.
If you are a complainant seeking a peace bond, you must attend court and provide evidence that you have reasonable grounds to fear harm. The judge may issue the bond immediately or after a hearing.
In both cases, legal representation ensures that the terms are fair and that your rights are protected.
What Happens If You Breach a Peace Bond?
Breaching any condition of a peace bond is a criminal offence under section 811 of the Criminal Code. If convicted, you can face:
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Up to four years in prison (for indictable offences).
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A criminal record.
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Revocation of the existing peace bond and new restrictions.
Even minor breaches—such as an accidental text message or incidental contact—can trigger serious legal consequences. Always seek legal advice immediately if you are accused of breaching a peace bond.
The Role of a Criminal Defence Lawyer
A criminal defence lawyer plays an important role in negotiating and explaining peace bonds. They can:
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Evaluate whether a peace bond is the best option or if the case should proceed to trial.
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Negotiate with the Crown for fair conditions or reduced restrictions.
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Explain the long-term implications for employment, travel, or immigration.
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Represent you in court if disputes arise regarding compliance or breaches.
Early legal advice is key to ensuring you understand your rights and make an informed decision.
Contact De Boyrie Law
If you have been offered a peace bond, accused of breaching one, or are seeking one for protection, legal guidance is essential. De Boyrie Law provides experienced representation for clients throughout Ontario facing peace bond and related criminal matters. We are committed to helping you resolve your case efficiently and protect your future.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
