Restraining Orders and Peace Bonds
|Record #: NIA2419||Last Modified: 12 Oct 2016||Last Full Update: 12 Oct 2016|
|Description & Services|
|Description (Service)||Restraining Orders or Peace Bonds are issued when a court believes one person may cause injury to another person and/or to members of their family, or when the court sees that there is a reasonable fear of this other person. They are also sometimes called "no contact" orders.
Referral to the local court house is the first step in applying for either of these items.
A restraining order is set out in Family Court; judge only (no jury)
*only applies to partners and ex-partners
*is not applicable for threats to or actual damage of property
*length varies: usually lasts for several months; however, could also be for only a few days or could be a permanent order
*The new Domestic Violence Protection Act, when it is in effect, will replace restraining orders.
Usually applications for restraining orders are made as part of a larger court proceeding under the Family Law Act (FLA), but individuals can apply for just a restraining order. The process can take many months. It will require a formal submission, evidence and a hearing at which both sides can make their claims.
A peace bond takes place in front of a Justice of the Peace (JP) considers threats to, or acts that damage ones property, as well as personal threats and acts of violence to oneself or family members. Also described as entering a recognizance or called an 810. It can last up to 12 months. Individuals can apply for another peace bond if they need protection for more than 12 months. If the abuser or stalker refuses to sign this document, he/she will be jailed for up to 12 months. A peace bond is not a criminal charge, but breaching one is an offence. To get one, police do not need to be involved. Make an appointment with a Justice of the Peace (JP) at the provincial court to explain the reason for seeking a Peace Bond. If the JP agrees with the concerns, s/he will issue a summons requiring the other person to appear in court on a specific date.
|Areas Served||Niagara Region ; Ontario|
|Application||No application required|
|Located In Community||Ontario|
|Legal Status||(99) Unknown / No Service|