Protecting Yourself
FAQs on Restraining Orders and Peace Bonds (frequently asked questions)
You can apply for an order from court to state that your partner should not come near you or bother you. In most
jurisdictions there are two types of orders that will do this. One is a restraining order and one is a peace bond. Some provinces have legislation that provides for other types of emergency protection orders, for example, in Alberta the Protection
Against Family Violence Act, and in Saskatchewan the Victims of Domestic Violence Act.
P2. What is the difference between a restraining order and
a peace bond? (July 14, 2003) There are different processes used to apply for a restraining order or a peace bond.
A restraining order is granted by a court that deals with
civil law such as divorce and custody.
A peace bond is granted by a criminal court that deals
with criminal offences such as assault or harassment.
P3. How will I decide whether to apply for a peace bond or
a restraining order? (July 14, 2003)
In practical terms, the order you apply for will
probably be decided by what other kinds of help you are
seeking from the courts.
For example, if you have left an abusive situation with
your children and are seeking a custody order, it will be
appropriate to ask for a restraining order at the same time.
If your partner is being charged with an offence such as assault in the
criminal courts you can also apply for a
peace bond to keep him away from you and your children.
If you are in an emergency situation at 3 a.m. in the morning, the police will consider applying for an Emergency Protection Order under the Prevention Against Family Violence Act for you.
P4. How can I get a restraining order? (October 6, 1998)
You have to apply to court for a restraining order. The
civil courts rather than the criminal court make a
restraining order.
A restraining order can be attached to another action such
as divorce or custody, but you can also apply for a
restraining order alone.
It is possible for you to apply for the order yourself. In
some jurisdictions, the courts have information to guide you
through the process. You may feel, however, that you require
the assistance of a lawyer or an agency, particularly if you
are also asking for custody of children.
P5. How will I find someone to help me apply for a
restraining order? (July 14, 2003)
In some areas, there are agencies to assist you in
obtaining a restraining order, for example, in Edmonton and Calgary there are
Family Law Information Centres in the main courthouse which have staff and booklets that can assist you (see also www.albertacourts.ca and follow links to Court of Queen's Bench,
Family Law Information Centre). You should be able to find out if there are similar agencies in your area by calling the courthouse, Legal Aid
or the local Law Society.
Even if the agency cannot give you financial help, it will assist you to find
legal and community help.
If you decide to consult a lawyer, make sure
you consult a lawyer who practices in the area of family law.
P6. How can I find a lawyer to help me? (July 14, 2003)
There are several ways to find a lawyer:
Remember that you need to consult a lawyer who practices
in the area of family law.
P7. How much money do I need to get a restraining order?
(July 14, 2003)
It will depend on who is doing the work for you and
whether the order is part of another action such as divorce
or assault.
As stated above, it is possible for you to apply for a
restraining order yourself. If you are only applying for a
restraining order there may be no court fees, but you will
need to employ process servers to serve the order on your
abuser. This can become expensive if your abuser is hard to
find. An agency or a lawyer will likely have an arrangement
for a bulk rate with a process server, which may save you
money in the long term.
Some agencies exist to help in applying for restraining orders, for example, Legal Aid, Calgary Legal Guidance. There may be income limits in order to be eligible for assistance.
Even if you are using a lawyer you may be eligible for
Legal Aid. If you have concerns about the cost of your lawyer
you should be sure to discuss this with him or her. The lawyer may
agree to reduce fees or to accept payment by installment.
P8. How long does it take to get a restraining order? (October 6, 1998) An application can be made very quickly. It could be made
within 24 hours of you meeting with a lawyer.
P9. What kind of order will the court make? (October 6, 1998)
The court needs to have the information from you and your
lawyer in order to know what is necessary to protect you. The
order must be worded very carefully so that it can be
enforced effectively.
In practice, your lawyer will prepare an order based on the
information you tell her. Your lawyer will then ask the court
to approve the order based on the evidence of abuse given
to the court.
P10. What kind of evidence will the court need? (October 6, 1998)
The court will require evidence in order to justify
restricting the liberty of another person. It will help if
you have kept a record of times when and how you or your children
have been abused. There will also be records if you
have sought medical help or counselling or if the police have
ever been involved.
You should also consider whether there are any witnesses
who could help you. Even though the abuse only occurred in
private your family and friends may have noticed more than
you think.
P11. What kinds of things can I ask my lawyer to put in the
order? (October 6, 1998) Within reason, your lawyer will include whatever is necessary and practical to keep
you and your children safe.
For example,
P12. His family and friends have in the past harassed me to talk to him. What can I do to prevent this? (October 6, 1998)
It is possible to request that the restraining order be
issued against more than one person. The court will
require clear evidence that this is necessary. You will
therefore need to show the court why the other people should
be prevented from contacting you or your children.
Harassment can also be a criminal offence. Harassing
behaviour can include repeatedly visiting, calling or writing
to you, or doing something that threatens you or someone in
your family. Once again it is important to make records of
any incidents of harassment, so that if you have to report it
to the police you have details to give them.
P13. How long does a restraining order last? (October 6, 1998)
In very exceptional cases, a restraining order can last
indefinitely. More usually an order will be made for six
months. If necessary, it can be renewed when it expires.
P14. Should I do anything with my copy of the order? (July 14, 2003)
Yes. The order should be registered with the police. You may have to fill in a form describing
what the person named in the order looks like for the police to keep with their files.
You should also keep a copy of the order with you at all times. If your
abuser tries to contact you or see you, you will be able to
show the police that the order has been violated. If the order includes provisions about your children, you
should leave a copy with their school principal or day care
director so that they can request the order be enforced if
necessary.
P15. What is a peace bond? (October
6, 1998)
A peace bond is an order made by a criminal court, which
orders a person who has been harassing or abusing you to keep
the peace and be of good behaviour. A peace bond can order a
person not to contact you or your family and to keep a
certain distance from your home, school or workplace. A judge
may also impose extra conditions such as forbidding your
abuser from carrying any weapons.
P16. How can I get a peace bond? (October
6, 1998)
It is possible to apply for a peace bond yourself or with
the assistance of a lawyer. The procedure may vary in
different areas. If you call the police or the criminal
division of the courthouse they will tell you how.
You may need a police file number and you will probably
have to make an appointment with a Justice of the Peace who
will assess whether you have grounds for a peace bond.
If you are able to go ahead with your application, a
summons is sent to your abuser to appear in court. If he does
not show up, the peace bond may be issued if the court agrees
that you need protection. If your abuser does show up, he may
oppose your application.
P17. What do you have to show to the court in order to get
a peace bond? (October 6, 1998)
You have to show that you believe this person will cause
injury to you or your children or damage your property. As
with a restraining order, you will need evidence to show why
you fear for your safety.
The court will require evidence in order to justify
restricting the liberty of another person. It will help if
you have kept a record of times when and how you or your children
have been abused. There will also be records if you
have sought medical help or counselling, or if the police have
ever been involved.
You should also consider whether there are any witnesses
who could help you. Even though the abuse only occurred in
private your family and friends may have noticed more than
you think.
P18. Will I get a copy of the peace bond? (October 6, 1998)
Yes. As with a restraining order, you should carry it
around with you so that it can be shown to the police if the
order is broken.
You can also inform others about the peace bond to assist
in your security, e.g., teachers, principal, security officers,
employers.
P19. His family and friends have in the past harassed me to
talk to him. Can the peace bond keep them away from me too? (October 6, 1998)
Yes, it is possible to issue a peace bond against others,
but you will have to show to the court that these others are
a threat to your safety or that of your children.
P20. How long does a peace bond last? (October
6, 1998)
A peace bond can be ordered for a maximum of twelve
months.
P21. What happens if he carries on phoning me and harassing
me at work even after a restraining order or peace bond is
granted? (October 6, 1998)
Breach of a peace bond or a restraining order is a
criminal offence for which the offender can be arrested and
charged. You should keep records of the times and nature of
the harassing behaviour and report it to the police. It is
possible that the police will only take action if it is clear
that the terms of the order or peace bond have been broken.
That is why it is extremely important to be very clear in the
order as to what the abuser is forbidden to do. Harassment is a criminal offence even if there is not a
restraining order or peace bond in existence. It occurs when
a person has a reasonable fear for her safety or for the
safety of another because of harassing behaviour. All such
conduct should be recorded and reported to the police.
P22. What happens if I agree to see him while there is a
restraining order or peace bond in effect? (October
6, 1998)
If you see him while a restraining
order or peace bond is in effect, he may then be able
to apply to the court for the order to be lifted because even
you are not keeping the terms.
Even if he does not apply to reopen the orders, you will
have a difficult time persuading a judge to make a further
order if it is necessary after the present order expires.
P1. I want to keep my abusive partner away from me. What can I do?
P2. What is the difference between a restraining order and a peace bond?
P3. How will I decide whether to apply for a peace bond or a restraining order?
P4. How can I get a restraining order?
P5. How will I find someone to help me apply for a restraining order?
P6. How can I find a lawyer to help me?
P7. How much money do I need to get a restraining order?
P8. How long does it take to get a restraining order?
P9. What kind of order will the court make?
P10. What kind of evidence will the court need?
P11. What kinds of things can I ask my lawyer to put in the order?
P13. How long does a restraining order last?
P14. Should I do anything with my copy of the order?
P16. How can I get a peace bond?
P17. What do you have to show to the court in order to get a peace bond?
P18. Will I get a copy of the peace bond?
P20. How long does a peace bond last?
P22. What happens if I agree to see him while there is a restraining order or peace bond in effect?
P23. Even though I have a restraining order, I am still afraid for myself and my kids.
P24. What happens when the court has made the order?
P1. I want to keep my abusive partner away from me. What
can I do? (July 14, 2003) 
| Protecting Yourself - Continued: |
July 2003
©1998-1999 Legal Resource Centre of Alberta.
