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How do I apply for a peace bond?

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How do I apply for a peace bond?

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How do I apply for a peace bond?
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Reviewed: 
May 15, 2018
Answer

If you are in immediate danger, call your local police or 911.

A peace bond is a criminal court order made by a justice of the peace or judge. It is a signed promise to keep the peace and have good behaviour. If someone signs a peace bond, it means they promise to follow the conditions in it and not to break the law.

Not following the conditions in a peace bond is a crime.

Who can apply

You go to criminal court to get a peace bond.

Anyone can apply for a peace bond under section 810 of the Criminal Code. These peace bonds are sometimes called "section 810 peace bonds" or "810 recognizances".

You can apply for a peace bond against anyone. It doesn't have to be someone you were in a relationship with. For example, you could apply for a peace bond against a neighbour or co-worker.

This is different from a restraining order. You can usually ask for a restraining order only if you were married to, lived with, or had a child with the other person.  

Read the question "What is the difference between a restraining order and a peace bond?" to learn more. 

Prove why you need the order

To get a peace bond, you must prove that you have a reasonable fear that the other person will:

  • hurt you, someone in your family, or your pets,
  • damage your property, or
  • share an intimate image or video of you without your consent.

If the justice of the peace or judge agrees that there is enough evidence, they will summons the person to come to court for a peace bond hearing.

Section 810 peace bonds can last for up to one year. If you still feel you're in danger after one year, you can apply again for another peace bond. You do not need to wait for it to end before applying again. 

A lawyer can help you apply for a peace bond and talk to you about other options to protect yourself.  If you can't afford a lawyer, there are resources to help you. 

Safety plan

Sometimes the court might have enough information to arrest the other person because they are a danger to you or others. But if the court doesn't arrest the person, they don't have to keep away from you or your children while you're waiting for the court to make a decision.

It can take a long time to get any type of court order. Think about making a safety plan for you and your children.

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