Under Section 810 of the Criminal Code, a Peace Bond in Ontario can legally last for a maximum of 12 months. It does not automatically renew. If you still fear for your safety as the expiration date approaches, you must apply for a completely new Peace Bond before the current one expires.
When you are facing harassment, threats, or stalking, securing a Section 810 Peace Bond can provide a much-needed sense of security. A peace bond is an order issued by a criminal court judge that requires a person to “keep the peace and be of good behaviour,” and usually includes strict conditions like staying away from your home or workplace.
However, many people in Toronto, Ottawa, and across Ontario mistakenly believe that a peace bond is a permanent shield. 📍 It is not. Under Canadian criminal law, peace bonds are strictly temporary measures. Knowing exactly how long your protection lasts, and what steps you must take to maintain it, is critical for your ongoing safety and peace of mind.
Step-by-Step Process for Managing and Renewing a Peace Bond
Because peace bonds have a hard legal expiration date, you cannot simply “set it and forget it.” If the person continues to pose a threat, you must be proactive. Here is the process for managing the timeline of your protection in Ontario.
Step 1: Note the Exact Expiry Date
When the Justice of the Peace or judge signs the order in the Ontario Court of Justice, the document will clearly state its duration. By law, a Section 810 Peace Bond cannot exceed 12 months. In some cases, a judge might only order it for 6 months if they feel the dispute is temporary. You must mark the exact expiration date on your calendar, as the protection vanishes at midnight on that day.
Step 2: Document Ongoing Threats or Breaches
To get a new peace bond after the first one expires, you cannot rely on the same old evidence. You must prove to the court that you have a current, reasonable fear for your safety. Throughout the 12 months, keep a detailed log. If the defendant attempts to contact you, drives past your house, or asks third parties about you, document it immediately. If they breach the conditions, call the police right away, as breaching a peace bond is a criminal offence.
Step 3: Start the Re-Application Process Early
Because a peace bond does not automatically renew, you must start the application process for a new one at least 2 to 3 months before your current one expires. You will need to go to your local Ontario courthouse, swear a new “Information” before a Justice of the Peace, and explain why you still fear the person. If you wait until the day after it expires, you will be entirely unprotected while the court processes your new paperwork.
Step 4: Attend the New Hearing
Just like the first time, the defendant must be served with a summons to appear in court. If they refuse to agree to a new peace bond, a new hearing will be scheduled. You (or the Crown Attorney) will have to present your new evidence to convince the judge that a second 12-month peace bond is necessary.
How Much Does it Cost in Ontario?
Applying for a peace bond is meant to be accessible for victims of harassment or domestic violence. 💵 Here is a breakdown of the costs in CAD:
- Court Filing Fees: Applying for a Section 810 Peace Bond at an Ontario courthouse is completely free.
- Police Assistance: If the police lay the peace bond application on your behalf, the Crown Attorney will handle the case at no cost to you.
- Private Legal Counsel: If the police refuse to assist and you choose to hire a private lawyer to draft and argue your private application, legal fees typically range from $1,500 to $3,500 CAD.
How Long Does the Process Take?
The timeline for securing a new peace bond can be frustratingly slow. After you swear the Information, it usually takes 3 to 6 weeks for the defendant to have their first court appearance. If they fight the application, it can take 3 to 8 months to get a hearing date. This is why you must apply long before your current 12-month peace bond expires.
Frequently Asked Questions (FAQ)
Can a peace bond be cancelled before the 12 months are up?
Yes, but it is not easy. If you and the defendant reconcile, you cannot just mutually decide to ignore the peace bond. You must apply to the court to have a judge formally revoke or alter the conditions. Until the judge signs off, the conditions remain legally binding.
What happens if they contact me the day after it expires?
Once the 12-month period is over, the peace bond is dead. If they contact you the next day, they are not breaching a court order. However, if their contact is threatening or constitutes criminal harassment (stalking), you should call the police to lay new charges.
Does a peace bond show up on a vulnerable sector check?
Yes. While an active peace bond is not a criminal conviction, it is a court order that will appear on standard police background checks and Vulnerable Sector Checks in Ontario. Once it expires, it is generally removed from most standard employment checks, though police retain the record internally.
What is the difference between this and a Restraining Order?
A Peace Bond (Section 810) lasts 12 months and applies to anyone (coworkers, neighbours). A Restraining Order is a Family Court order in Ontario. Restraining orders can be temporary or permanent and are only available against spouses, ex-spouses, or people you lived with.
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