In Ontario, a Family Court Restraining Order requires a past relationship (married or living together) and is processed in family court. A Criminal Peace Bond can protect you from anyone, including neighbours or coworkers, and is handled by the Crown Attorney for free.
When you are fleeing domestic violence or severe harassment, securing legal protection is your absolute top priority. In Ontario, the justice system offers two primary tools to keep an abuser away from you and your children: a Family Court Restraining Order and a Criminal Code Peace Bond. While both documents order a person to stay away from you, they belong to entirely different areas of the law and are processed in completely different courthouses.
Understanding which option to pursue can be confusing. The police will often suggest a peace bond, while a divorce lawyer will recommend a restraining order. Whether you are dealing with a violent ex-spouse in Ottawa, an abusive former partner in London, or a stalking neighbour in Toronto, choosing the correct legal path is vital for your safety. This guide compares the legal thresholds, the application steps, and the enforcement powers of both protective orders to help you make an informed decision. 💼
Step-by-Step Process for Obtaining Protection in Ontario
Because these orders operate in different legal realms (provincial family law vs. federal criminal law), the steps to obtain them are completely distinct. Here is how you navigate both systems.
Step 1: Assessing Your Relationship with the Abuser
The biggest legal difference is who the order applies to. Under the Ontario Family Law Act, you can only get a Family Court Restraining Order against someone you were married to or lived with for a period of time.
If the person harassing you is a boyfriend you never lived with, a hostile coworker, or an aggressive neighbour, the family court will reject your application. In these cases, you must apply for a Criminal Peace Bond under Section 810 of the Criminal Code, which can be issued against literally anyone in Canada. 📝
Step 2: Evaluating the Level of Fear and Evidence
Both courts require evidence, but the legal thresholds differ slightly. For a family restraining order, you must prove on a “balance of probabilities” that you have reasonable grounds to fear for your safety or the safety of your children.
For a criminal peace bond, you must convince a Justice of the Peace that you have a reasonable fear that the person will cause personal injury to you, your family, or damage your property. You will need to bring printed text messages, voicemails, or a police report number to prove your fear is justified. 📊
Step 3: Filing the Application at the Correct Courthouse
If you choose the family law route, you or your family lawyer must draft an Application (Form 8) and an Affidavit detailing the abuse. You file these at the local Superior Court of Justice or Family Court branch.
If you pursue a peace bond without police involvement, you must go to the Ontario Court of Justice and speak to a Justice of the Peace. They will review your evidence and, if satisfied, issue a summons for the abuser to appear in criminal court. ⚖️
Step 4: The Court Hearing Process
A family court restraining order can often be obtained on an “ex parte” emergency basis, meaning the judge grants a temporary order the same day without the abuser being present, followed by a full hearing weeks later.
A peace bond process is often slower. The Crown Attorney takes over the case. If the abuser refuses to sign the peace bond voluntarily, a mini-trial must be scheduled. You will be required to testify in criminal court, which can be highly intimidating for victims of abuse. 🚨
Step 5: Police Enforcement of the Order
Regardless of whether you hold a family restraining order or a criminal peace bond, the enforcement mechanism is identical. Both orders are entered into the Canadian Police Information Centre (CPIC) database.
If the abuser breaches either order by calling you or showing up at your workplace, you simply call 911. Ontario police take breaches extremely seriously. Breaching either type of order is a criminal offence that usually results in the immediate arrest and detention of the abuser. 👮♂️
How Much Does it Cost in Ontario?
Cost is a major factor for victims trying to escape abuse. The criminal system is public, while the family system is largely private.
- Criminal Peace Bond: The peace bond process is completely Free. The Justice of the Peace and the Crown Attorney handle the prosecution on behalf of the state.
- Family Court Filing Fees: Filing an application for a restraining order in an Ontario family court is generally Free of government filing fees.
- Family Lawyer Fees: Drafting the heavy affidavits and attending family court hearings usually requires a private lawyer, costing between $2,000 and $5,000 CAD. (Note: Legal Aid Ontario often covers this if you qualify financially and are fleeing abuse).
| Feature | Family Court Restraining Order | Criminal Peace Bond |
|---|---|---|
| Who it protects against | Spouses or former live-in partners | Anyone (neighbours, dates, strangers) |
| Cost to applicant | High (if paying private legal fees) | Free (handled by the Crown) |
| Emergency Orders | Yes (Ex parte motions available) | No (Usually requires a summons delay) |
| Duration | Can be permanent or indefinite | Maximum 12 months |
Many victims navigating a divorce will bundle the restraining order application into their broader family law case involving child custody and support.
How Long Does the Process Take?
If you are in immediate danger, an emergency Family Court Restraining Order can be granted by a judge within 24 to 48 hours. A standard family order motion might take 2 to 4 weeks. The criminal peace bond process is heavily backlogged in Ontario. It can take 2 to 6 months for the Crown to issue a summons, schedule a hearing, and force the abuser to finally sign the document before a judge.
Frequently Asked Questions (FAQ)
Does a restraining order give the abuser a criminal record?
No. Simply having a family restraining order or a peace bond placed against someone does not give them a criminal record. However, if they disobey the order, they will be arrested, and that breach will result in a criminal record.
Can I get both a peace bond and a restraining order?
You generally do not need both. Because they both provide the same police protection and are registered in the same national police database, courts typically prefer you to choose the most appropriate one for your specific situation.
What happens when a 12-month peace bond expires?
When the 12 months are up, the protection automatically drops off the police system. If you are still deeply afraid of the person and they have continued to harass you, you must apply for an entirely new peace bond and prove your fear all over again.
Do I need a lawyer to apply for a peace bond?
No, you do not need to hire a private lawyer. You can attend the local courthouse, speak to the court clerk, and swear an information before a Justice of the Peace. The Crown Attorney will handle the legal arguments in court.
Will a restraining order affect child custody?
Yes, absolutely. A family court judge will strongly consider the evidence of abuse that led to the restraining order when determining decision-making responsibility (formerly custody) and parenting time to ensure the children are safe.
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