Applying for a Peace Bond through the police and the Crown Prosecutor in New Brunswick is 100% free of charge. However, if the police decline to lay charges and you choose to hire a private law firm to draft a private application, expect to pay between $1,500 and $3,500 CAD in legal fees.
When you feel threatened by someone’s behaviour, obtaining a formal order of protection is a critical step. In New Brunswick, a Peace Bond is a common tool used under the Criminal Code of Canada to keep a threatening individual away from you.
Whether you live in Moncton, Bathurst, or Edmundston, it is important to know that seeking safety does not have to drain your savings. However, there are specific situations where hiring a private lawyer might become necessary, and understanding these costs will help you plan your next steps. 📍
Step-by-Step Process for a Peace Bond in New Brunswick
A Peace Bond (Section 810 of the Criminal Code) is different from a civil restraining order. It requires the defendant to “keep the peace and be of good behaviour.” Getting one usually involves the provincial criminal justice system.
Step 1: Reporting the Threat to Local Police
The standard and most cost-effective route is to report the threats or violence to your local municipal police or the RCMP. You will need to provide a statement explaining why you have a reasonable fear that this person will harm you, your family, or your property. 🚨
If the police find enough evidence, they will forward the file to the Crown Prosecutor. The Crown handles the legal case on your behalf, representing the state.
Step 2: The Crown Prosecutor’s Assessment
The Crown Prosecutor will review the evidence. If they agree that a Peace Bond is necessary, they will summon the defendant to the Provincial Court.
Because the Crown is acting in the public interest, you do not pay for their services. They will present the case to the judge, and you may only need to attend court to act as a witness.
Step 3: Filing a Private Information (If Necessary)
Sometimes, the police or Crown may decide there is not enough evidence to pursue a Peace Bond criminally. If this happens, you have the right to swear a “Private Information” before a Justice of the Peace.
This means you are applying for the Peace Bond directly. At this stage, many people choose to hire a local law firm to ensure their paperwork is perfect and to represent them during the hearing at the Provincial Court.
How Much Does it Cost in New Brunswick?
The costs depend entirely on whether you use the public justice system or hire private representation:
- Police/Crown Route: $0 CAD. Making a report, having the Crown argue the case, and the issuance of the Peace Bond are completely free.
- Private Application Legal Fees: If you hire a lawyer to file a private application, draft the documents, and attend the Provincial Court hearing, typical fees range from $1,500 to $3,500 CAD.
- Serving Documents: If you apply privately, you may need to hire a process server to deliver the court summons to the defendant. This usually costs $75 to $150 CAD.
How Long Does the Process Take?
Because Peace Bonds go through the criminal court system, they are not immediate. If the police handle the application, it typically takes 3 to 8 weeks to get a court date at the Provincial Court. ⏱
Once a judge grants the Peace Bond, it is active immediately and can remain in effect for up to 12 months. If you are in immediate, urgent danger from an intimate partner, you should ask the police about a fast-tracked Emergency Intervention Order instead.
Frequently Asked Questions (FAQ)
Is a Peace Bond a criminal record?
No. Signing a Peace Bond does not mean the person is convicted of a crime, so it does not create a criminal record. However, if they breach the conditions of the bond, they can be arrested and charged with a criminal offence, which may lead to a record.
What happens if the defendant refuses to sign it?
If the defendant refuses to agree to the Peace Bond, the judge will schedule a hearing. Both sides will present evidence. If the judge believes the bond is necessary, they can order the defendant to sign it or face up to 12 months in jail.
Does Legal Aid cover private Peace Bond applications?
The New Brunswick Legal Aid Services Commission primarily focuses on family law and serious criminal defence. They generally do not provide free lawyers for individuals making private Peace Bond applications, though exceptions may apply in severe domestic violence cases.
Can a Peace Bond affect parenting time?
Yes. If the Peace Bond prohibits contact with you or the children, it can temporarily override existing parenting time schedules. However, family matters are ultimately handled by the Court of King’s Bench, and you may need a separate family law order to permanently resolve decision-making responsibility.
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