In Ontario, while restraining orders under the Family Law Act are limited to spouses or cohabitants, family courts can issue a restraining order against an affair partner (or any person) under Section 35(1) of the Children’s Law Reform Act (CLRA) if you fear for your safety or the safety of a child in your custody. Alternatively, you can apply for a Peace Bond under the Criminal Code.
Discovering infidelity in a marriage is incredibly devastating and often leads to intense emotional fallout. In some cases, the situation spirals out of control when the affair partner begins to harass, stalk, or threaten the innocent spouse. Whether you are dealing with aggressive text messages in Mississauga, being followed to your workplace in Hamilton, or facing violent threats online, your physical and mental safety is paramount. Many distressed spouses immediately call their family lawyer to ask for a “restraining order” against the affair partner, sometimes receiving conflicting advice about whether family court has the jurisdiction to assist them.
Under Ontario’s Family Law Act, family restraining orders are strictly limited to individuals with whom you are currently married, formerly married, or with whom you have lived together in a conjugal relationship. ⚠ However, Ontario family courts actually have full jurisdiction to issue a restraining order against any person-including an affair partner-under Section 35(1) of the Children’s Law Reform Act (CLRA), provided the applicant has reasonable grounds to fear for their safety or the safety of any child in their lawful custody. If you do not meet these criteria, another powerful option is seeking a Peace Bond under Section 810 of the Criminal Code of Canada.
Step-by-Step Process for Securing a Peace Bond in Ontario
A Peace Bond is a criminal court order issued by a Justice of the Peace or a Judge at the Ontario Court of Justice. It requires a person to “keep the peace and be of good behaviour” and can include strict conditions such as staying away from your home or workplace. There are two distinct ways to obtain one: through the police or through a private application.
Step 1: Documenting the Harassment and Stalking
Before making any legal moves, you must gather concrete evidence. 📱 Save every threatening text message, screenshot harassing social media posts, and log any unwanted phone calls or drive-bys. To get a Peace Bond, you must prove to the court that you have “reasonable grounds to fear” that the affair partner will cause personal injury to you, your child, or damage your property. Vague feelings of dislike are not enough; you need hard proof of intimidating behaviour.
Step 2: Choosing Your Route (Police vs. Private Application)
The fastest route is to call your local police (for example, the Toronto Police Service or Peel Regional Police). If the police determine the affair partner’s behaviour amounts to criminal harassment (stalking) or uttering threats, they can lay charges or apply for a Peace Bond on your behalf. If the police decline to get involved because they deem it a “civil matter,” your alternative is to go directly to your local Ontario Court of Justice and swear a private Information before a Justice of the Peace.
Step 3: The Peace Bond Hearing
If you proceed privately, a summons will be issued for the affair partner to appear in court. 💼 A hearing will be scheduled where you (or your legal counsel) must present your evidence of fear. The affair partner will have the right to defend themselves and present their own evidence. If the Justice of the Peace agrees that your fear is reasonable, they will formally order the affair partner to sign the Peace Bond.
Step 4: Enforcement and Criminal Breaches
Once the Peace Bond is signed, the affair partner is legally bound by its conditions for up to 12 months. If they text you, show up at your house, or violate any other condition, it is no longer a civil dispute-it is a criminal offence. You simply call 911, and the police have the authority to arrest the affair partner immediately for a summary conviction or indictable offence breach.
How Much Does a Peace Bond Cost in Ontario?
Applying for a Peace Bond is designed to be accessible for victims of harassment, meaning there are no government filing fees. 💰 However, if you are navigating a highly contested private application, hiring a lawyer is strongly recommended.
| Application Route / Service | Estimated Cost (CAD) | Details |
|---|---|---|
| Police-Initiated Peace Bond | Free ($0) | If the Crown and police handle the application, you pay nothing. |
| Private Court Filing Fee | Free ($0) | Swearing an Information before a Justice of the Peace has no provincial fee. |
| Hiring a Criminal Lawyer | $2,000 – $5,000+ | Costs for a law firm to represent you at the contested private hearing. |
| Financial Recognizance (For Defendant) | $500 – $1,000 (Pledge) | The affair partner must pledge this amount, payable only if they break the bond. |
Keep in mind that while the legal process is relatively inexpensive, the emotional toll of testifying in court against your spouse’s affair partner can be immense. Relying on a legal professional can shield you from direct cross-examination by the abuser.
How Long Does the Process Take?
The timeline heavily depends on the route you choose. ⏰ If the police intervene, an arrest or protective bail conditions can happen almost immediately. However, if you must file a private application, navigating the backlog at the Ontario Court of Justice can take anywhere from 2 to 6 months before your actual hearing date occurs. During this waiting period, safety planning is crucial.
Frequently Asked Questions (FAQ)
Can I get a family restraining order against my cheating spouse?
Yes. If your spouse is threatening or harassing you, you can apply for a restraining order against them in family court under the Family Law Act. Furthermore, you can also seek a family court restraining order against the affair partner under the Children’s Law Reform Act, or pursue a Peace Bond against them in criminal court.
Does a Peace Bond give the affair partner a criminal record?
No. Signing a Peace Bond is not a conviction and does not create a permanent criminal record. However, the bond will show up on vulnerable sector background checks while it is active. If they breach the bond, they will face criminal charges and a potential record.
What if the affair partner tries to contact my kids?
You can request that the judge include specific conditions in the Peace Bond prohibiting the affair partner from contacting your children, going to their school, or attending their extracurricular activities.
Will the affair partner see my home address on the court documents?
If you fear for your safety, you can ask the court and the police to redact (hide) your home address and contact information from the documents provided to the defendant. The condition can simply state they must stay 500 metres away from you, wherever you are.
How long does the Peace Bond last?
Under the Criminal Code, a standard Section 810 Peace Bond can last for a maximum of 12 months. If the harassment resumes after it expires, you will need to apply for a new one.
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