A civil restraining order from a provincial family court does not automatically disqualify you from getting a Record Suspension in Canada. However, if you were issued a criminal Section 810 Peace Bond under the Criminal Code, the Parole Board of Canada will heavily scrutinize it. You must fully disclose all active and expired orders, as hiding them will fail the mandatory “Good Conduct” assessment.
When applying for a federal Record Suspension (formerly known as a pardon) in Canada, the Parole Board of Canada (PBC) conducts a deep and thorough investigation into your character. Many applicants living in cities like Toronto, Vancouver, or Edmonton worry that a messy divorce or a highly contested child parenting time dispute will ruin their chances of clearing their criminal record. The intersection of family law and federal criminal law is a major source of anxiety for many Canadians.
It is vital to understand the sharp legal distinction between a civil restraining order and a criminal peace bond. A civil restraining order is issued by a family court judge (for example, in the Ontario Superior Court of Justice) usually to protect a spouse or child during a separation. It is not a criminal conviction. A Section 810 Peace Bond, however, is a criminal court order requiring you to keep the peace and be of good behaviour. While neither is technically a criminal conviction on its own, both pieces of paper will show up during the RCMP police background checks and must be carefully explained to the Parole Board to prove your rehabilitation.
Step-by-Step Process: Navigating Orders During a Pardon
If you have an active or expired restraining order or peace bond on your file, your application requires extreme transparency. Here is how you should handle the process.
Step 1: Categorize the Type of Order
First, identify exactly what kind of order you have. Work with a Canadian law firm to obtain the original court documents. If the document says “Section 810 Criminal Code,” it is a criminal peace bond. If it was issued during a dispute over spousal support or decision-making responsibility (child custody) in a family court, it is likely a civil restraining order. Knowing this distinction dictates how you present your case to the Parole Board.
Step 2: Obtain Your Local Police Records
When you apply for a Record Suspension, you must obtain a Local Police Records Check from every city you have lived in during the past 5 years. Local police keep internal databases (separate from the federal CPIC system) that record all 911 calls, domestic disputes, and enforcement of restraining orders. If a bitter ex-spouse called the police on you multiple times, these interactions will appear on the local check, even if no criminal charges were ever laid.
Step 3: Drafting the Good Conduct Statement
The PBC requires you to prove “Good Conduct.” This means showing that you are a law-abiding citizen who does not pose a risk to society. If a peace bond or restraining order shows up, you must address it head-on in your Measurable Benefit/Sustained Rehabilitation form. Explain the context of the order without speaking poorly of your ex-partner. Emphasize that you fully respected the boundaries of the order, attended counselling if required, and that no breaches ever occurred.
Step 4: Submitting the Final Application
Once your lawyer helps you compile all court dispositions, local police checks, and a strong personal narrative, you will submit the package to the Parole Board. The Board will evaluate if the civil order indicates an ongoing pattern of aggressive behaviour or if it was simply a stressful, isolated family law matter that has since been resolved.
How Much Does it Cost in Canada?
Applying for a pardon while navigating family law issues involves standard federal fees, plus potential costs for retrieving complex court records in CAD:
- Parole Board Application Fee: $50 CAD (Non-refundable).
- RCMP Fingerprints: Approximately $50 to $85 CAD.
- Local Police Record Checks: Usually $40 to $70 CAD per police jurisdiction you have lived in.
- Family Court Document Retrieval: If you need certified copies of an old restraining order, courthouses typically charge $20 to $50 CAD.
- Law Firm Assistance: Retaining a lawyer to expertly draft your Good Conduct statement and handle the paperwork generally costs $1,200 to $2,500 CAD.
How Long Does the Process Take?
The timeline for a Record Suspension depends on the severity of your original criminal convictions, not the restraining order. You must wait 5 years for a summary conviction or 10 years for an indictable offence after completing your sentence. Once the application is officially submitted, the Parole Board takes about 6 months to process summary offences and up to 12 months for indictable offences.
Comparing Restraining Orders vs. Peace Bonds
| Feature | Civil Restraining Order | Section 810 Peace Bond |
|---|---|---|
| Issuing Court | Provincial Family Court. | Criminal Court. |
| Is it a Criminal Conviction? | No. | No, but it is logged on federal CPIC. |
| Impact on Pardon Application | Low to Moderate (requires explanation). | High (Board will heavily scrutinize behaviour). |
| Penalty for Breaching | Contempt of court or criminal charges. | Immediate criminal charge (Breach of Recognizance). |
Frequently Asked Questions (FAQ)
Does a peace bond mean my pardon will be denied?
Not necessarily. While a peace bond is serious, if you successfully completed the duration of the bond without any breaches or police interventions, the Parole Board will generally view that as a positive sign that you can follow strict rules and maintain good conduct.
What if my ex-spouse lied to get the restraining order?
The Parole Board is not an appeals court. You should not use your pardon application to re-litigate a messy divorce or accuse your ex of lying. Instead, focus strictly on demonstrating your current stability, employment, and positive lifestyle choices.
If a restraining order is expired, do I still report it?
Yes. The PBC conducts a comprehensive background investigation. They will see the historical record of the order. Failing to disclose it yourself looks deceptive and can result in your application being rejected for lacking transparency.
Can I get a pardon if I was convicted of breaching a peace bond?
Yes, but a breach of a peace bond is an actual criminal offence. You will have to wait the mandatory 5 or 10 years after completing the sentence for the breach before you are legally eligible to apply for a Record Suspension.
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