Peace Bond vs Restraining Order: What’s the Difference?

Learn the key differences between a peace bond vs restraining order, when each applies, and what legal protections they offer.

In Canada, both peace bonds and restraining orders are legal tools used to protect individuals from potential harm or harassment. While these orders may seem similar on the surface, they serve different legal purposes, apply in different contexts, and are governed by distinct sections of Canadian law. Understanding the difference between a peace bond and a restraining order is crucial if you’re seeking protection or are responding to allegations that involve one of these court orders.

This article provides a detailed comparison of peace bond vs restraining order, including their legal definitions, how they are obtained, who can apply for them, how long they last, and what happens if they are breached. If you’re involved in a criminal matter or family dispute where one of these protective orders is being considered, it’s important to understand your rights and obligations under each.

What Is a Peace Bond?

A peace bond is a criminal court order that requires a person to keep the peace and be of good behaviour for a specified period, usually up to 12 months. It may also impose additional conditions, such as staying away from specific individuals, not attending certain locations, or refraining from possessing weapons.

Peace bonds are commonly used in situations where someone has a reasonable fear that another person may harm them, their property, or someone they care about. The person being accused does not have to be charged or convicted of a crime for a peace bond to be issued. However, if the respondent agrees to sign the peace bond, the matter is typically resolved without a criminal trial.

Peace bonds are authorized under section 810 of the Criminal Code of Canada. They are used as a preventative measure rather than a response to a proven offence.

What Is a Restraining Order?

A restraining order is a civil court order that prevents one individual from contacting or coming near another person. It is most commonly used in family law cases, particularly those involving spouses, ex-partners, or situations of domestic abuse or custody disputes.

Restraining orders are granted by the family court, and they are not tied to criminal charges. The applicant must show that there is a legitimate concern for their safety or the safety of their children. The court may impose conditions similar to those found in peace bonds, such as prohibiting contact, visits, or communication in any form.

Restraining orders are governed by provincial family law statutes, such as the Children’s Law Reform Act or Family Law Act in Ontario.

Key Differences Between Peace Bonds and Restraining Orders

While both orders are designed to protect individuals from harm, there are important distinctions between them:

1. Legal Framework

• Peace Bond: Criminal law, issued by a criminal court under section 810 of the Criminal Code

• Restraining Order: Civil/family law, issued by a family court under provincial legislation

2. Who Can Apply

• Peace Bond: Anyone who fears for their safety can apply, regardless of relationship to the respondent

• Restraining Order: Typically only available to individuals in a family or domestic relationship, such as current or former spouses, parents, or partners

3. Standard of Proof

• Peace Bond: Reasonable fear that the respondent will commit an offence

• Restraining Order: Evidence that there is a likelihood of future harm or harassment

4. Duration

• Peace Bond: Usually lasts up to 12 months

• Restraining Order: Can last for a fixed period or be extended in some cases

5. Criminal Record Implications

• Peace Bond: Does not result in a criminal conviction, but may appear on a background check while active

• Restraining Order: Is civil in nature and does not show up on a criminal record

6. Consequences for Breach

• Peace Bond: Breaching the terms is a criminal offence under section 811 of the Criminal Code and may lead to arrest or jail time

• Restraining Order: Breaching is also a serious matter, and the respondent may be charged with a criminal offence or held in contempt of court

When Is a Peace Bond Appropriate?

A peace bond may be appropriate when:

• There is no criminal charge yet, but someone fears for their safety

• The Crown agrees to withdraw criminal charges if a peace bond is signed

• A victim wants protective conditions without the stress of a trial

• The accused wants to resolve the matter without a conviction

Peace bonds are often used in cases involving threats, harassment, minor assaults, or domestic disputes where both parties wish to avoid further legal proceedings.

When Is a Restraining Order Appropriate?

A restraining order may be appropriate when:

• There is an ongoing family law dispute

• The parties are former spouses or co-parents

• One party has concerns about stalking, harassment, or domestic violence

• There are no criminal charges involved, but protection is still required

Restraining orders can also be used to protect children and can be customized to apply to parenting time, pickup arrangements, and school access.

Can You Have Both Orders at the Same Time?

Yes. In some situations, a person may be subject to both a peace bond and a restraining order, particularly if there are parallel criminal and family proceedings. However, the terms of the two orders must be compatible, and the individual must comply with both.

A criminal defence lawyer or family lawyer can help ensure that any overlapping conditions do not create confusion or increase the risk of breach.

What Happens If You Breach a Peace Bond or Restraining Order?

Breaching either type of order is a serious offence. If you breach a peace bond, you can be charged with a criminal offence, arrested, and possibly detained until your matter is resolved. You may also face a criminal record or additional restrictions. If you breach a restraining order, you may also be charged criminally or held in civil contempt of court, which can result in fines or jail time depending on the severity of the breach.

Repeated violations can significantly affect future bail decisions, family court outcomes, and sentencing.

How a Criminal Defence Lawyer Can Help

If you are being asked to sign a peace bond, or if you’ve been accused of breaching a peace bond or restraining order, a criminal defence lawyer can:

• Explain your legal rights and obligations

• Review the proposed conditions and negotiate terms

• Represent you in court to oppose or vary the conditions

• Defend you if you are charged with a breach

• Help avoid consequences like detention, conviction, or a criminal record

Legal advice is equally important if you are the one seeking protection. A lawyer can help you prepare your application, gather supporting evidence, and present your case clearly to the court.

Why Choose De Boyrie Law

At De Boyrie Law, we represent individuals involved in both peace bond and restraining order matters. Whether you’re seeking protection or facing allegations, we provide clear legal guidance and strong representation. Our team is committed to resolving your case efficiently while protecting your rights and interests at every stage.

Schedule a Free Consultation with De Boyrie Law

If you’re dealing with issues related to a peace bond or restraining order, contact De Boyrie Law for a free, confidential consultation. We’ll help you understand the legal process, your rights, and how to move forward.