1. Learn about restraining orders
Question & AnswerWhat is the difference between a restraining order and a peace bond?
A restraining order is a family that limits what a person can do in any way that the court thinks is appropriate. The order might limit where a person can go, or who they can contact or communicate with.
A might say that a person must not:
- come within 500 metres of you and your children
- come within 750 metres of your home and work
- talk to or contact you or your children except through an agency or another person
Not following the conditions in a restraining order is a crime.
Who can apply
You go to family court to get a restraining order. In most cases, you can apply for a restraining order against someone if at least one of these is true:
- you were to the person
- you lived together with the person for any period of time
- you have a child with the person
If none of these situations apply to you, you can think about going to criminal court to ask for a peace bond. You can ask for a 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.
Prove why you need the order
To get a restraining order, you must prove that you have reasonable grounds to fear for your safety or the safety of any child in your . You must show why you are afraid for yourself or any child.
A restraining order can be temporary or permanent. Most restraining orders are temporary.
The question “What is a restraining order?” has more information about restraining orders.