In Newfoundland and Labrador, a Peace Bond issued under Section 810 of the Criminal Code of Canada lasts for a maximum of 12 months. Applying for a Peace Bond through the Provincial Court is completely free ($0 CAD filing fee), and it legally requires the named person to keep the peace and be of good behaviour.
If you are experiencing fear due to someone’s harassing or threatening behaviour, knowing your legal options is crucial for your safety. In Newfoundland and Labrador, a Peace Bond is a formal court order used in the criminal justice system to protect individuals from harm. Unlike a family court restraining order, a Peace Bond can be issued against anyone, including a neighbour, co-worker, or former friend, not just a romantic partner.
🚨 Whether you live in St. John’s, Corner Brook, or Grand Falls-Windsor, understanding how these protective orders function is the first step to regaining your peace of mind. This guide will carefully explain the duration of a Peace Bond, the steps required to secure one in your local court, and what happens if the person disobeys the order.
Step-by-Step Process for a Peace Bond in NL
Getting a Peace Bond involves navigating the criminal court system. Because it restricts another person’s freedoms, a judge at the Provincial Court of Newfoundland and Labrador must be convinced that your fear is entirely reasonable and based on real evidence.
Step 1: Report the Behaviour to the Police
The safest and most common way to start the process is to contact your local Royal Newfoundland Constabulary (RNC) or Royal Canadian Mounted Police (RCMP) detachment. An officer will take your statement. If they believe there are strong grounds, the police can lay an “Information” on your behalf, which initiates the Peace Bond process.
Step 2: Swear an Information at the Courthouse
If the police choose not to proceed, you generally have the right to apply privately. You must visit the Provincial Court and speak with a justice of the peace or a court clerk to “swear an Information.” This is a formal, sworn document stating that you have a reasonable fear that the other person will cause personal injury to you, your spouse, your child, or will damage your property.
Step 3: Attend the Court Hearing
The court will issue a summons for the other person (the defendant) to appear in court. At the hearing, the defendant can simply agree to sign the Peace Bond without admitting to any criminal wrongdoing. If they refuse, the judge will hold a hearing where you must present your evidence. A local law firm or a Crown prosecutor may assist you during this stage.
How Much Does it Cost in Newfoundland and Labrador?
Seeking protection from threats or violence should never be a financial burden. Here is a breakdown of the typical costs in CAD:
| Service Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Court Filing Fee | $0 | There is absolutely no fee to swear an Information or file for a Section 810 Peace Bond. |
| Police Assistance | $0 | Requesting the RNC or RCMP to apply on your behalf is a free public service. |
| Private Lawyer Fees | $1,000 – $3,000+ | If you hire a private criminal or family lawyer to represent you at a contested hearing. |
How Long Does the Process Take?
The timeline for securing a Peace Bond varies. If the defendant agrees to sign it immediately, the process might be completed at the very first court appearance, usually within 2 to 4 weeks of the application. However, if the defendant firmly contests the bond, scheduling a full trial at the Provincial Court can take 3 to 6 months. Remember, the active duration of the issued bond itself will never exceed 12 months.
Frequently Asked Questions (FAQ)
Can I extend a Peace Bond past 12 months?
No, a Section 810 Peace Bond legally expires after 12 months. If you still have a reasonable fear for your safety after it expires, you must apply for a brand new Peace Bond from the beginning.
Does a Peace Bond give the person a criminal record?
Simply signing a Peace Bond does not create a criminal conviction record. However, if the person breaches the conditions of the bond, they can be arrested and charged with a criminal offence.
What happens if they breach the Peace Bond?
A breach is a serious crime. The police can charge the defendant with either a summary conviction or an indictable offence, which can lead to fines, strict bail conditions, or actual jail time.
Can a Peace Bond impact parenting time?
Yes. A judge can include “no contact” conditions that strictly limit or outline how the defendant can interact with your children, heavily impacting any existing parenting time (decision-making responsibility) schedules.
What is the difference between a Peace Bond and a Restraining Order?
A Peace Bond is handled in criminal court and applies to anyone. A restraining order is handled in family court (Supreme Court of NL) and generally only applies to spouses, common-law partners, or family members.
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