If you fear someone may harm you, your partner, or your child, damage your property, or share intimate images or videos of you without your consent, you have the option to request a peace bond against them.

A peace bond is a legal order issued by a judicial official, such as a justice of the peace or a provincial court judge. It requires the person named in the order to maintain peace and behave properly. The conditions of a peace bond can include:

  • Restrictions on contacting or visiting you or your family
  • Staying away from your property or specific locations
  • A ban on possessing weapons
  • Other customized terms based on your situation

Typically, a peace bond lasts for up to one year and aims to provide you with peace of mind and protection. If the person violates any terms of the peace bond, they could face criminal charges.

It’s important to understand that a peace bond is different from a restraining order, which serves a separate legal purpose. For more details on restraining orders, please consult the appropriate resources.

Who Can Apply for a Peace Bond?

You can apply for a peace bond if you have reasonable grounds to believe that someone might harm you, your intimate partner, your child, damage your property, or share intimate images or videos of you without consent (under section 162.1 of the Criminal Code). The person does not need to be someone you’ve had a relationship with; for instance, you could apply for a peace bond against a neighbor or coworker.

To obtain a peace bond, you must show that you genuinely fear the person will:

  • Harm you, your intimate partner, or your child
  • Damage your property, or
  • Share intimate images or videos of you without your consent

Legal Advice for Applying for a Peace Bond

Although legal advice is not required to apply for a peace bond, it can be helpful. Judges, justices of the peace, and court staff cannot offer legal advice. Only a licensed lawyer or paralegal can provide you with legal counsel. The Law Society keeps a directory of licensed lawyers and paralegals.

How to Apply for a Peace Bond at Your Local Courthouse?

Step 1: Find a Courthouse Nearby

Visit the criminal service counter at your local provincial courthouse, either alone or with a representative. The staff will give you a form to begin the application process.

Step 2: Submit Your Application and Meet with a Judge or Justice of the Peace

Fill out the application form with details about why you want a peace bond and the defendant’s address. Once completed, return the form to the staff, who will have a judicial official review your application. If there are sufficient grounds, they will prepare an “information” document for you to sign under oath, beginning the peace bond hearing process. If not, your application will be denied.

A summons will be issued for the defendant to appear in court at a specific time, or a warrant may be issued if there are concerns about their attendance. You will be notified of the court date, which you must attend. If you or your representative fail to appear, the case will be dismissed, and you will need to reapply.

Step 3: Attend the Initial Court Appearance

At the first appearance, the defendant will hear the reasons for your request. They can choose to consent to the peace bond by signing the agreement. If they refuse, the judicial official will schedule a hearing.

Mutual Peace Bonds

In some cases, the judicial official may suggest or the defendant may request a mutual peace bond, which requires both parties to comply with the conditions, such as prohibiting contact between both parties.

Step 4: Attend the Peace Bond Hearing (if needed)

If the defendant does not agree to the peace bond, a hearing will take place. During the hearing, both parties will present evidence and witnesses. After reviewing everything, the judicial official will decide whether to issue the peace bond. If the defendant refuses to sign, they may face a jail sentence of up to one year.

Do You Need a Lawyer for the Peace Bond Hearing?

While hiring a lawyer is not required, you may choose to do so or represent yourself. You or your lawyer will be responsible for presenting any evidence.

Fighting a Peace Bond

If you believe there is no basis for the Peace Bond, you can attend Court and oppose it.  You could present evidence at Court.  You can hire a lawyer for this process.

Keeping Records of Your Peace Bond

Once the peace bond is issued, request a certified copy from the court and keep it with you. If the defendant breaches any conditions, the police may need to see the peace bond before taking action, which could include arrest, charging, or a bail hearing.

What Happens After a Peace Bond?

Police can enforce peace bonds across Canada. A defendant who agrees to a peace bond won’t receive a criminal record unless they violate its conditions, in which case they may be charged with a criminal offense. A peace bond can last for up to 12 months. If you continue to fear the defendant after it expires, you can apply for a new peace bond without waiting for the old one to end.

Contact LINH PHAM – a criminal defence attorney can assist you in dealing with a s. 810 Peace Bond Application as smoothly as possible. If you would like a free 30-minute consultation, reach out to us now at (306) 502-5987.