To get a Section 810 Peace Bond in Ottawa, you must prove you have a reasonable fear that someone will injure you, your family, or your property. You can apply through the Ottawa Police Service or directly at the courthouse, and there are absolutely no court filing fees for this process.
Feeling unsafe in your own community or home is a terrifying and overwhelming experience. A Peace Bond is a protective court order under Section 810 of the Criminal Code of Canada that requires another person to keep the peace and be of good behaviour. If you live in Ottawa, understanding the legal requirements to get a Peace Bond can help you take control of your personal safety.
Many people confuse Peace Bonds with Restraining Orders, but they operate differently in the Canadian justice system. 📍 While a Restraining Order is issued in family court, a Peace Bond is a criminal court order that can apply to anyone, including neighbours, coworkers, or acquaintances. We strongly recommend speaking with an experienced local criminal defence lawyer to navigate this process smoothly.
Step-by-Step Process in Ottawa
Whether the harassment is happening in suburban Kanata, busy Centretown, or Orleans, the legal process for securing a Peace Bond remains consistent across the city. Following the correct steps is crucial to ensuring your application is taken seriously by the courts.
Step 1: Contacting the Ottawa Police Service
Your first step should typically be contacting the Ottawa Police Service to report the threats or harassment. 🚨 If the police find sufficient evidence, they may lay formal criminal charges, place the individual on temporary release conditions (an Undertaking), or initiate the Section 810 application to the court on your behalf. Note that the police do not have the legal authority to directly issue or force someone to sign a Peace Bond immediately. Under s. 810 of the Criminal Code, only a Justice of the Peace or a provincial court judge can legally order a recognizance after reviewing the evidence. If the police decide not to act, you still have the right to apply for a private Peace Bond.
Step 2: Meeting the Legal Test
To succeed, you must meet the strict requirements of Section 810. You must convince a Justice of the Peace that your fear of personal injury or property damage is “reasonable.” Gather all physical evidence, such as threatening text messages, emails, voicemails, or statements from witnesses who saw the behaviour.
Step 3: Swearing an Information at Elgin Street
If applying privately, you must go to the Ottawa Courthouse at 161 Elgin Street to swear an Information before a Justice of the Peace. 💼 You will briefly explain why you are afraid. If the Justice agrees your fear is justified, they will issue a summons ordering the other person to appear in court.
Step 4: Attending the Peace Bond Hearing
At the formal hearing, a Crown Attorney may assist, or you and your lawyer may need to present your evidence directly. If the defendant agrees to the terms, the Peace Bond is signed that day. If they fight it, the judge will listen to both sides before making a binding legal decision.
How Much Does it Cost in Ottawa?
Seeking protection from harassment should not cause financial ruin. The Canadian justice system ensures that accessing a Section 810 order is affordable, though hiring legal representation is an optional cost to consider.
- Court Filing Fees: There is a $0 CAD fee to swear an Information and apply for a Peace Bond in Ontario.
- Police Services: The Ottawa Police Service does not charge victims for investigating threats or drafting protective orders.
- Lawyer Fees: If you hire a private lawyer to represent you at the hearing, block fees typically range from $1,500 to $3,500 CAD, depending on the complexity of the evidence and whether the defendant contests the order.
How Long Does the Process Take?
The timeline depends entirely on whether the police intervene immediately or if you must pursue a private application through the Ottawa court system. 📅 Once granted, a Peace Bond can last for a maximum of 12 months before it expires.
| Method of Application | Estimated Timeline |
|---|---|
| Police-Initiated Peace Bond | 1 to 3 days if an arrest is made |
| Swearing an Information (Private) | Usually scheduled within 2 to 4 weeks |
| Contested Court Hearing | 3 to 6 months to get a trial date |
| Duration of the Order | Maximum 12 months by law |
Frequently Asked Questions (FAQ)
Does a Peace Bond give someone a criminal record?
No. Signing a Peace Bond is not an admission of guilt and does not result in a criminal record. However, if the person breaches the conditions of the bond, that breach is a separate criminal offence that will result in a record.
What happens if the defendant breaches the conditions?
A breach of a Section 810 Peace Bond is a serious summary conviction or indictable offence. The Ottawa Police can arrest the individual immediately, and they may face heavy fines or up to 4 years in jail.
Can I apply for a Peace Bond against my partner?
Yes. Under Section 810.03 of the Criminal Code (introduced via Bill S-205), there is a specialized, enhanced peace bond specifically for cases of Intimate Partner Violence (IPV) or spousal disputes. This allows judges to impose much stricter conditions, including mandatory electronic GPS monitoring (ankle bracelets) to track the offender’s location. Additionally, under the Protecting Victims Act (Bill C-16, enacted in June 2026), these protections are tightly coordinated with measures against coercive control. However, a Family Court Restraining Order remains a highly flexible alternative during divorce proceedings.
Do I need a lawyer to get a Peace Bond?
You are not legally required to hire a lawyer. However, having a criminal defence or family lawyer draft your application ensures that your evidence clearly meets the legal threshold of reasonable fear.
Can the Peace Bond restrict them from my workplace?
Yes. A judge can impose specific conditions, such as staying at least 500 metres away from your home, your workplace in Ottawa, and explicitly forbidding any direct or indirect communication with you.
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