Peace Bond Vs. Restraining Order - Zukerman Law

Peace Bond Vs. Restraining Order

Feeling unsafe and needing protection from someone can be a frightening and stressful experience. Thankfully, the legal system offers court orders to help safeguard individuals from potential harm. However, navigating the legalities of these orders, particularly the difference between Peace Bonds and Restraining Orders, can be confusing.
This blog aims to shed light on both options, helping you understand their purposes and key distinctions. If you’re considering seeking a protective order, Zukerman Law Group can help you understand your options and effectively guide you through the legal process. Our team of experienced attorneys can ensure you choose the right course of action to prioritize your safety and well-being.

Understanding Peace Bonds

Understanding Peace Bonds

A peace bond, also known as an 810 recognizance, is a preventive measure in the criminal justice system designed to protect potential victims from harm or violence. It requires the defendant to commit to “keeping the peace” and adhering to specific conditions, typically for a specified period, often up to 12 months. These conditions can include:

  • Not contacting the protected person(s) directly or indirectly.
  • Staying away from certain locations like the protected person’s home, workplace, or school.
  • Abstaining from alcohol or drugs as mandated by the court.
  • Attending counseling or treatment programs, such as anger management or substance abuse programs.
  • Fulfilling reporting obligations by regularly meeting with a probation officer.

These measures aim to prevent potential harm and promote safety within the community.

The Application Process

You can initiate a peace bond application by contacting the police directly without needing legal representation or paying any fees. Once initiated, the Crown counsel reviews the grounds for the application. Alternatively, individuals can apply for a restraining order under the Family Law Act in either provincial or supreme courts.

Benefits and Limitations of Peace Bonds

Benefits and Limitations of Peace Bonds

Those who are concerned about their safety may find some protection and reassurance in obtaining a peace bond. It allows the applicant to take proactive legal action without resorting to criminal charges, providing a legal tool to address potential harm without charging the defendant with a criminal offense. However, it’s crucial to note that peace bonds do not ensure absolute protection, as their effectiveness depends on the defendant’s voluntary compliance with the specified conditions.

Understanding Restraining Orders

Understanding Restraining Orders

Restraining orders serve as a crucial legal mechanism in family law, especially in situations involving domestic violence. These court orders are designed to prohibit contact or communication between parties in contentious family matters, prioritizing the safety and welfare of those seeking protection.

Types of Restraining Orders

Restraining orders are available through both family court and criminal court, depending on the circumstances and the relationship dynamics between the involved parties. Family law protection orders are typically granted within family court proceedings, whereas restraining orders issued through criminal court are tied to specific criminal charges or ongoing investigations.

Key Differences Between Peace Bonds and Restraining Orders

Key Differences Between Peace Bonds and Restraining Orders

Understanding the key differences between Peace Bonds and Restraining Orders is crucial when deciding which option best suits your situation. Here’s a breakdown of the key points:

Initiating the Process

Who can apply?
Peace Bond:
Anyone who fears future harm from another person can apply for a Peace Bond. This could be a neighbor, co-worker, acquaintance, or even a stranger.
Restraining Order: In contrast, only victims of threats or abuse can apply for a Restraining Order. Typically, this applies to current or former intimate partners, spouses, or family members.

Notice to respondent

Peace Bond: The person you’re seeking the Peace Bond against (the respondent) will be notified and has the right to appear in court.
Restraining Order: Restraining Orders can sometimes be obtained ex parte, meaning without notifying the respondent beforehand. This is typically done in emergency situations where there’s a high risk of immediate harm.

Purpose

Peace Bond: The primary purpose of a Peace Bond is preventative. It’s designed to address potential future threats and ensure the respondent keeps the peace.
Restraining Order: Restraining Orders are reactive measures used to stop ongoing threats or abusive behavior. They aim to protect the victim from further harm.

Scope of Restrictions

Both: Both Peace Bonds and Restraining Orders can include restrictions on contact (phone calls, emails, in-person visits), proximity (staying a certain distance away), and specific actions (threats, harassment).
Restraining Orders: However, Restraining Orders may have a broader scope of restrictions. This could include limitations on where the respondent can go (your workplace, home, children’s school), protection of property, and even pet custody.

Both: Both Peace Bonds and Restraining Orders are legally binding court orders. Violating the terms of either order can result in serious legal consequences, including fines and even jail time.

Benefits of Working with Zukerman Law Group

Benefits of Working with Zukerman Law Group

When navigating the complexities of seeking a Peace Bond or Restraining Order, having an experienced legal team on your side can make a significant difference. Here’s how Zukerman Law Group can benefit you:

Experienced Attorneys

Our team consists of lawyers who are well-versed in protection order legalities. We understand the nuances of both Peace Bonds and Restraining Orders to ensure we approach your case with the appropriate strategy.

Choosing the Right Path

Zukerman Law Group will carefully assess your situation and help you determine whether a Peace Bond or Restraining Order is the most suitable course of action. We’ll consider the nature of the threat, your relationship with the respondent, and your desired outcome.

The legal process surrounding protection orders can be overwhelming. Zukerman Law Group will guide you through every step, ensuring all paperwork is completed accurately and deadlines are met. We’ll represent you in court, if necessary, advocating for your rights and presenting your case effectively.

Prioritizing Your Safety

At Zukerman Law Group, your safety and well-being are their top priority. We understand the emotional toll of needing protection and will work tirelessly to secure the court order that best safeguards you. We’ll also advise you on additional steps you can take to enhance your safety outside of the legal process.
Zukerman Law Group offers free consultations, during which you can discuss your situation and learn more about your legal options. Take control of your safety, contact Zukerman Law Group today, and empower yourself to move forward with confidence.

Conclusion

Feeling unsafe can be a paralyzing experience. However, you don’t have to navigate the legalities of protection orders alone. Zukerman Law Group’s team of experienced attorneys can empower you to make informed decisions about your safety. Their expertise in Peace Bonds and Restraining Orders ensures they can guide you toward the most effective course of action.

FAQs

  • 1- What evidence do you need for a peace bond?1

    You need to explain why you believe the person poses a threat to you, your partner, your children, or your property or why you think they might share an intimate image of you without your consent. It’s important to provide evidence, such as medical records, police reports, or affidavits from witnesses, to support your claim.

  • 2- What happens after a peace bond?1

    After a peace bond is issued, the person it is against must adhere to specific conditions set by the court, such as avoiding contact with the complainant and staying away from certain locations. These conditions typically last for up to one year. If the person complies with the terms, no criminal record will be created. However, if the conditions are violated, the individual can be arrested and charged with a criminal offense, potentially leading to more severe legal consequences.

  • 3- Does a restraining order go on your record in Canada?1

    Generally, civil restraining orders do not appear on records since they are not considered criminal offenses.

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author

Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.