In Manitoba, a Peace Bond is a federal criminal order that takes weeks or months to obtain and requires proof you fear injury. A Protection Order is a provincial civil order granted almost immediately in emergencies without the abuser present. Protection Orders are for urgent domestic violence or stalking, while Peace Bonds cover a broader range of threats.
When you are being threatened, stalked, or harassed, the legal system offers pathways to keep the perpetrator away. However, many Manitobans find themselves confused by the different terminology used by police, lawyers, and victim services. The two most common tools are Peace Bonds and Protection Orders. While both are designed to prevent contact and ensure your safety, they operate under completely different laws and have vastly different timelines.
Choosing the right option depends on the urgency of your situation and your relationship with the abuser. 🔍 Whether you are dealing with a violent ex-partner in Winnipeg, a harassing neighbour in Selkirk, or a stalker in Steinbach, understanding the distinction can save crucial time. In this guide, we will break down the differences between a Peace Bond and a Protection Order to help you make an informed decision about your safety.
Understanding the Step-by-Step Differences
The most significant difference lies in how you apply for them and how quickly they take effect. A Peace Bond falls under Section 810 of the Criminal Code of Canada, while a Protection Order falls under Manitoba’s The Domestic Violence and Stalking Act.
The Protection Order Process (Provincial / Civil)
A Protection Order is built for speed and emergencies. 🚨 You apply through a Protection Order Designate (POD) at a shelter or crisis centre. You present your evidence to a Judicial Justice of the Peace over the phone. Crucially, it is granted “ex parte”—meaning the abuser is not told about the hearing and cannot defend themselves before the order is made. It is usually granted within 24 to 48 hours and takes effect the moment police serve the abuser.
The Peace Bond Process (Federal / Criminal)
A Peace Bond is a slower, criminal court process. You generally start by calling the local police or RCMP. If the police believe you have reasonable grounds to fear the person will injure you or your property, they forward the request to the Crown Attorney. The accused is issued a summons to appear in Provincial Court. Because they have the right to a trial to contest the Peace Bond, it can take months before it is finalized.
Who Can You Apply Against?
Protection Orders have strict eligibility. 👥 They are generally reserved for cases of domestic violence (family members, spouses, dating partners, people you live with) or clear cases of stalking by anyone. Peace Bonds are much broader. You can get a Peace Bond against anyone—a toxic co-worker, a hostile neighbour, or an aggressive acquaintance—as long as you can prove you genuinely fear they will cause personal injury or property damage.
Conditions and Enforcement
Both orders usually include conditions like “no contact” and “stay 200 metres away from the home or workplace.” Breaching either order is a serious criminal offence that can result in immediate arrest. However, a Protection Order can also include clauses specific to domestic situations, such as forcing the abuser to surrender their keys or explicitly suspending their parenting time with your children.
How Much Does it Cost in Manitoba?
Both options are designed to protect the public, meaning there are no government fees to apply for either. 💵 Your costs only arise if you choose to hire private legal counsel.
| Legal Tool | Estimated Cost (CAD) | Who Handles the Case? |
|---|---|---|
| Protection Order | $0 (Free) | Assisted by a POD. You may hire a law firm ($1,500+) if the abuser appeals it later. |
| Peace Bond | $0 (Free) | The Crown Attorney (public prosecutor) handles the application against the accused. |
| Private Peace Bond | $1,500 – $3,500 | Hiring a lawyer to draft and swear an information before a Justice if police won’t act. |
How Long Does Each Process Take?
The timeline is the deciding factor for most victims. A Protection Order is an emergency response, usually finalized and served within 1 to 3 days. It typically lasts for 3 years. A Peace Bond, due to court backlogs and the accused’s right to defend themselves, can take anywhere from 2 to 8 months to be finalized in court. Once ordered by the judge, a Peace Bond lasts for a maximum of 12 months.
Frequently Asked Questions (FAQ)
Can I have both a Peace Bond and a Protection Order?
Generally, you do not need both, as they serve the same purpose of keeping the person away. However, if you are waiting months for a Peace Bond trial and the abuser’s behaviour suddenly escalates, you can apply for an emergency Protection Order in the meantime.
Will a Peace Bond give them a criminal record?
No. Signing a Peace Bond is not an admission of guilt, and it does not result in a criminal conviction. It is simply a court order to “keep the peace and be of good behaviour.” However, if they breach the Peace Bond, they will be charged with a criminal offence and may receive a record.
Which order is easier to get?
A Protection Order is faster to get initially because the abuser is not there to argue against it. However, to keep it, you must have strong evidence of domestic violence or stalking. A Peace Bond has a lower threshold of proof (just a reasonable fear of injury), but getting it through the backlogged criminal court is a much slower hurdle.
What happens if they refuse to sign the Peace Bond?
If the accused refuses to agree to the Peace Bond, the matter will go to a full hearing in Provincial Court. If the judge listens to the evidence and decides the Peace Bond is necessary, they can order it anyway. If the accused still refuses to sign, the judge can send them to jail for up to 12 months.
Do I need a family lawyer for a Peace Bond?
Usually, no. Because a Peace Bond is a criminal matter, the Crown Attorney prosecutes the case on behalf of the state. However, if the police decline to pursue your case, you can hire a private lawyer to help you lay a private information before a Justice of the Peace.
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