- A restraining order is a family law order. A peace bond comes from the criminal system.
- A restraining order requires a relationship falling within the legislation and a reasonable fear for safety.
- A peace bond does not require a criminal conviction, or even a charge.
- Breaching either is a criminal offence. These are not advisory documents.
Why the distinction matters
People use “restraining order” as a catch-all, but the two orders come from different statutes, are obtained in different courts, and are available in different circumstances. Applying for the wrong one wastes time that a person seeking protection may not have.
This article describes what each is. It is general information, anyone in immediate danger should call the police rather than read about procedure.
Restraining orders
A restraining order is made under family legislation and is available against a current or former spouse, a person the applicant cohabited with, or the other parent of the applicant’s child.
The test is whether the applicant has reasonable grounds to fear for their own safety or that of a child in their lawful custody. The standard is about reasonable fear, not proof of past assault, though evidence of past conduct is usually what establishes the fear as reasonable.
The order can prohibit contact and communication, direct the person to stay away from specified places, a home, a workplace, a school, and impose other conditions the court considers appropriate.
It is a civil order made in family court, and it is often sought alongside other family claims. In urgent cases it can be sought without notice, though such an order is temporary and comes back before the court quickly.
Peace bonds
A peace bond is an order under the Criminal Code requiring a person to keep the peace and be of good behaviour, usually with conditions attached, for a period of up to twelve months.
What surprises people is how it is obtained. It does not require a conviction. It does not require charges. A person can apply where they fear on reasonable grounds that another person will cause them personal injury, damage their property, or commit certain offences.
It is available regardless of any relationship between the parties, which is the practical difference from a restraining order, a neighbour, a colleague, or a stranger can be the subject of one.
Peace bonds also arise frequently as a resolution of an existing criminal charge, where the charge is withdrawn in exchange for entering into the bond.
Enforcement
This is the point that matters most, and it is the same for both. Breaching a restraining order is a criminal offence. Breaching a peace bond is a criminal offence.
That means police can arrest, and the breach is prosecuted in criminal court independently of whatever else is going on in the family matter.
It is worth being realistic about what an order does. It creates a clear legal boundary and a fast enforcement route. It does not physically prevent anything, which is why safety planning matters alongside it.
Practical points
Keep a copy. Give a copy to anyone who may need to enforce it, a school, a workplace reception, a building manager.
Record breaches contemporaneously: date, time, what happened, any witnesses. Prosecutions turn on evidence, and a contemporaneous note is worth far more than a recollection months later.
Understand the scope. An order that prohibits contact generally prohibits it through third parties and online as well. Where children are involved, communication about parenting is usually carved out, and the carve-out has to be complied with precisely.
Orders in the criminal process
Where criminal charges exist, conditions of release commonly include no-contact terms that function similarly. These operate independently of any family order.
That can produce conflicts, a family court parenting order and a criminal no-contact condition covering the same people. Where that happens it needs to be addressed directly rather than resolved informally, because the criminal condition binds regardless of what the family order says.
Common questions
Do I need a lawyer to apply?
Not strictly, but these applications turn on evidence and drafting, and the scope of the order granted depends heavily on how the application is framed.
How long does a restraining order last?
For the period the court sets. It may be time-limited or indefinite depending on the circumstances.
What if the other person contacts me and I respond?
The order binds the person restrained, not the applicant. But responding can complicate enforcement, and it is generally better to record the contact and report it.
Can an order be changed or removed?
Yes, on application, where circumstances have changed. It does not simply lapse because the parties are getting along.
Contacting us does not create a solicitor-client relationship. Please do not send confidential information until we have confirmed we can act for you. We aim to reply within 2 business days. Sending this form does not meet any court deadline or limitation period.
If you or a child are in immediate danger, call 911. This form is not an emergency service and is read during business hours. Assaulted Women’s Helpline 1-866-863-0511, Talk4Healing 1-855-554-4325, both open around the clock.
