How to File a Restraining Order in Canada
What is commonly known as a restraining order in the United States is called a peace bond in Canada. Though restraining orders do exist in Canada, people needing basic protections from harm or the threat of harm should apply for a peace bond for the quickest and most affordable assurance of legal protection. In Canada, a peace bond is valid for a year and can bar a person from contacting another, going certain places, and having access to firearms and ammunition.
Other People Are Reading
Instructions
-
-
1
Testify before the justice of the peace or judge about the conditions that are causing you to fear the person you wish to restrain from contacting you. The person you wish to get a peace bond against will be summoned for an additional hearing.
-
2
Attend your peace bond hearing and give sworn testimony in front of the court. The person you have accused of threatening or harming you will also have the opportunity to give testimony. The judge will decide if the matter warrants issuance of a peace bond. If the defendant does not show up, your peace bond should be granted.
-
-
3
Call your province's local branch of the Royal Canadian Mounted Police before or after getting your peace bond if you are in immediate danger. Violation of a peace bond can result in up to a year in prison.
-
1
Tips & Warnings
Restraining orders can be obtained in Canada, but they are reserved for civil matters such as those involving custody or divorce. In addition, legal counsel is often needed to enact and enforce a restraining order. Violating a restraining order in Canada is not usually treated as seriously as violating a peace bond. If someone breaks a restraining order, they have to go back to court to talk about the matter. This is not as potentially helpful as a peace bond to people in physical danger due to domestic violence and other life-threatening situations.
