Situations after a separation often get heated if one spouse takes the path of violence instead of peacemaking out of agony or revenge. Stalking, visiting children out of custody, threatening, or interfering with social and personal life, and criminal harassment make up about 90% of criminal harassment cases. A peace bond and a restraining order are the lawful solutions to this issue.
According to Public Safety Canada’s 2009 report, about 17% partners who are recently separated require legal aid to prevent abusive responses from each other. Sometimes your ex-girlfriend may seek a peace bond, or your former fiancé may apply for a restraining order. These legal steps are often taken during emotionally charged breakups and can significantly impact your freedom, communication rights, and daily life.
If you are someone facing or predicting something like that, you would be better off taking measures as early as possible.
This article elaborates on:
- Different protective orders in Canada
- Differences between these orders
- Derivatives of protective orders
- Documentation of an order
- Defining the right solution for your case
Understanding Different Types of Protective Orders in Canada
What is a Peace Bond?
A peace bond in Saskatchewan, by itself, is ordered by the Criminal Court upon request from a concerned spouse. Section 810 of the Criminal Code describes its conditions, processes, and scopes.
The court listens to both parties, gets their consents, provides instructions, and sets terms before signing the order. The bond turns into a criminal offence if the receiving party violates any of the prescribed terms in the bond.
What is a Restraining Order?
A restraining order in Saskatchewan is subject to the Family Court. It allows a person to get legal protection against any ongoing or potential misconduct or violence. The court brings direct restrictions regarding visitation, contact, and conduct upon the alleged partner. So the applicant can restore peace in their life.
What is a No-Contact Order?
Court orders restricting a person from meddling with the rights, freedoms, and security of others. Both a peace bond and a restraining order fall in this category, but there are also other types.
- Restriction during a trial: The accused can’t contact the assaulted or harmed person during the court proceedings.
- Probational measures: If breached, these orders send the assaulter to probation, in place of jail.
- Community-centred orders: Conditional, where the accused takes part in community services, performing durative responsibilities.
Peace Bond vs Restraining Order: Direct Comparison
When navigating the Law in Canada for a protection order, you are likely to stumble upon either of these two. They are among the most common measures suggested by legal councils and law enforcers.
While deciding, knowing their key differences will help you fixate on one with confidence.
Which Court Grants Each Order?
The peace bond falls into the context of the Criminal Code of Canada. The restraining order, on the other hand, is a matter of the Family Court.
Who Can Apply for Each Type?
Anyone feeling insecure, assuming, or experiencing assault or abuse from others can call for a peace bond. Regardless, the responder is a stranger or someone known. In case of a restraining order, the alleged must be an ex-partner.
Cost and Application Complexity Compared
Cost Measures: A peace bond, managed by the criminal court, costs nothing, with no filing fee and no necessity to hire an advocate. Services given by the family or civil court, like the restraining orders, have an upfront per-order cost. Also, it advises dealing with family matters through a professional.
Required Statement: The peace bond seeks explanations from both parties to identify the threat. In contrast, an applicant can issue a restraining order without notifying the other person by providing credible evidence.
Procedural Timeframe: A peace bond typically provides a year-long coverage. A restraining order has no definite deadline and can be extended upon further request.
Enforcement Mechanisms and Police Response
Failure to follow the terms of a peace bond is a criminal offence. The Criminal Court, under section 811, may penalize with arrest and jail time. The Family Court punishes infringers of a restraining order under section 127 by fining and jailing.
Criminal Record Implications of Each Order
A peace bond may end up in a criminal record, provided it’s breached. The restraining order, being civil in nature, never gets into the red book of any kind.
Peace Bond vs Restraining Order Effectiveness (How to Choose)
When efficacy is in question, there are decisive factors that you, as an applicant, must take into consideration.
First, the requisites. A peace bond can be placed without solid proof of the person committing a foul act. But you have to:
- Explain your fear or concern
- Provide reasons backing that concern
- Show that the concern involves the safety of you, your family, or your property
In this term, getting a peace bond is easier than a restraining order if you don’t have solid evidence at hand against the other person. The court will take your oath as a basis for proceeding.
That’s where the second factor may demand your attention. A peace bond is authorized in the presence of both parties and under the direct supervision of the court. It may take months if hearings and investigations are necessary. So, if you are in a hurry, fearing immediate breach, the restraining order should be your go-to.
The third, and perhaps the most cardinal, is the strictness of these measures. A peace bond may often fail to get a quick response from the police. But when presented in the court, they prove most effective. The consequences are stricter than those of the restraining order.
How to Obtain Each Type of Order in Regina
Ordering a restraining order is rather simple if you have prepared the paperwork.
Necessary steps include:
- Visit the provincial court
- File an application enveloping evidence and statements
- Attend a judge when summoned
- Bring a motion to rev up the procedure (if an emergency)
- Attend a case hearing on a given date
- Receive the order, if granted, from the court staff
- Make and keep a copy of the file
A restraining order may be familiar by other names outside Ontario. Before issuing, check the procedural details of available protection orders in your province.
Acquiring a peace bond has a bit windier roadmap. A judge or justice of the peace must be involved, and the applicant must have a clear record. Here is what to do:
- Visit the local court
- Get an appointment with a judge or justice of the peace
- Explain your concerns, if possible, with evidence
- Testify to your allegation under oath
- Attend a court hearing with the alleged person
- Sign the peace bond order (if the court is convinced)
Contact an Experienced Criminal Lawyer in Regina for Legal Consultation
Wrapping Up
Exes can be annoying. And according to statistics, the possibility of that annoyance escalating into danger is real. You can’t take things lightly and inform the authority before it’s too late. Within the two definitive protective restraining orders, choose one that provides prompt and effective solutions. When deciding on the no-contact order vs restraining order, remember a simple note. A peace bond is more protective as the potential offender knows he is under observation. If the threat feels imminent, giving the minimum preparation time, a restraining order would be the best choice.