In Newfoundland and Labrador, a Peace Bond is a criminal order handled by the Provincial Court applicable to anyone you fear, while an Emergency Protection Order (EPO) is a civil order designed specifically for victims of family violence. Both are free to obtain, but EPOs offer much faster relief in domestic emergencies.
When you are facing harassment, threats, or violence, the Canadian justice system offers several tools to keep you safe. 🚨 However, figuring out which legal tool to use can be incredibly confusing. People often use terms like “restraining order” and “peace bond” interchangeably, but under the law, they are very different mechanisms.
If you live in St. John’s, Conception Bay South, or anywhere in Newfoundland and Labrador, knowing the difference between a Peace Bond (Criminal Code) and an Emergency Protection Order or Family Restraining Order (civil family law) is critical. Choosing the wrong path can delay your protection or result in an application being dismissed by a judge.
Generally, the choice depends on your relationship with the abuser and the level of immediate danger you are in. Let’s break down how these orders function, where you apply for them, and how they protect you.
Step-by-Step Process: Choosing the Right Protection in NL
Securing a protective order requires navigating either the criminal courts or the family courts. Here is how the process generally unfolds depending on your unique situation.
Step 1: Identify Your Relationship to the Abuser
Your first step is determining eligibility. A Peace Bond under Section 810 of the Criminal Code can be placed on anyone-a stranger, a neighbor, a coworker, or an ex-spouse. In contrast, an Emergency Protection Order (EPO) under the provincial Family Violence Protection Act is strictly for individuals who have cohabited in a conjugal relationship (married or common-law), or people who share a child together.
Step 2: Determine Immediate Danger
If you are in immediate danger of family violence, an EPO is the right choice. Police officers (RNC or RCMP) can apply for a tele-warrant EPO on your behalf 24/7, providing almost instant protection. A Peace Bond, however, is a longer process. You must swear an information before a Justice of the Peace, and a court date will be scheduled weeks later.
Step 3: Apply at the Correct Court or Agency
To get a Peace Bond, you generally start by visiting your local Provincial Court courthouse or police station to swear an affidavit. For an EPO or a longer-term Family Restraining Order, you apply through the Supreme Court of Newfoundland and Labrador (Family Division). In family court, your lawyer can combine your restraining order request with your ongoing divorce and spousal support claims.
Step 4: Attend the Court Hearing
For a Peace Bond, the defendant will be summoned to court. If they agree to the terms (keep the peace and be of good behaviour), the bond is signed. If they fight it, a mini-trial happens. For an EPO, the initial order is granted “ex parte” (without the abuser present). The abuser will be served later and can request a hearing to challenge it.
How Much Does it Cost in Newfoundland and Labrador?
Cost should never be a barrier to securing your personal safety.
- Peace Bonds: Applying for a Peace Bond through the police or Provincial Court is entirely free.
- Emergency Protection Orders (EPO): Applying for an EPO is also completely free.
- Family Court Restraining Orders: If filed as part of a larger family law application (like a divorce), the Supreme Court filing fee is around $132 CAD.
- Lawyer Fees: If you hire a private family lawyer to argue your case, fees range from $250 to $450 CAD per hour.
| Feature | Peace Bond (Criminal) | EPO / Family Restraining Order (Civil) |
|---|---|---|
| Who Can Apply? | Anyone (Neighbors, Coworkers, Exes). | Intimate partners, family members. |
| Court System | Provincial Court (Criminal). | Supreme Court (Family Division). |
| Standard of Proof | Reasonable fear of personal injury/damage. | Family violence has occurred/is likely. |
| Duration | Maximum 12 months. | Varies; can be extended by a judge. |
How Long Does the Process Take?
Timelines differ drastically between the two systems. An Emergency Protection Order can be issued within 24 hours to address immediate crises. A Peace Bond, however, can take anywhere from a few weeks to several months to secure, as it requires scheduling a hearing in backlogged Provincial Courts. Both orders are immediately active the moment the respondent is served by the police.
Frequently Asked Questions (FAQ)
Does a Peace Bond give someone a criminal record?
No. Signing a Peace Bond does not result in a criminal record. However, if the person breaches the conditions of the Peace Bond, they will be arrested and charged with a criminal offence, which can lead to a permanent record.
Can an EPO force my spouse to pay child support?
No, an Emergency Protection Order is strictly for safety and restricting contact. To secure child support or ongoing spousal support, you must file a formal application with the Supreme Court of Newfoundland and Labrador (Family Division).
What happens if the abuser refuses to sign a Peace Bond?
If the defendant refuses to voluntarily sign the Peace Bond, the judge will schedule a hearing. You will have to present evidence showing why you reasonably fear them. If the judge agrees with you, they can order the defendant to sign it, or face jail time.
Can I have both a Peace Bond and a Family Restraining Order?
While legally possible, it is usually redundant. The police enforce both orders. Usually, if family violence is involved, family lawyers prefer using EPOs and civil restraining orders because they can be tailored to deal with complex parenting time (decision-making) schedules.
Will the police automatically grant a Peace Bond?
No. You must convince a Justice of the Peace or a judge that you have reasonable grounds to fear the person will cause personal injury to you, your spouse, or your child, or will damage your property. Simply disliking someone is not enough.
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