How to Get a Restraining Order or Peace Bond in Ontario
A survivor-focused guide to Ontario Restraining Orders (Family Court) and Peace Bonds (Criminal Court).
Family Court Restraining Orders vs. Peace Bonds (Plain-Language Guide)
Overview: Two Different Protection Orders
In Canada, two common court orders used for safety are Family Court Restraining Orders and Peace Bonds. They can sometimes look similar in daily life (for example, “no contact”), but they come from different courts, use different rules, and can be used in different situations.
Details can change by province or territory, and by your specific situation. The information below is general safety information, not legal advice.
If you are unsure which option fits your situation, a legal clinic, duty counsel at the courthouse, or a community legal service can often explain local options in more detail.
Key Differences in Plain Language
1. Which court is involved
- Family Court Restraining Order: Comes from family court (sometimes called family division or unified family court). It is connected to family issues such as separation, parenting time, child support, or divorce.
- Peace Bond: Comes from criminal court. It is requested through police or directly through a criminal court process, even if the other person has not been charged with a crime.
2. What the case is “about”
- Family Court Restraining Order: Focuses on family relationship issues and safety. It often appears inside a larger family case (for example, parenting, child support, or division of property).
- Peace Bond: Focuses on preventing future harm or threats. It is a criminal law tool that does not require a criminal conviction.
3. Length of the order
- Family Court Restraining Order: Often for a specific period (for example, 6–12 months) but can sometimes be longer or renewable, depending on the court order and local rules.
- Peace Bond: Commonly up to 12 months. It may be renewed, but usually requires starting a new process.
4. Consequences if the order is broken
- Family Court Restraining Order: Breaking (breaching) the order is usually a criminal offence. Police may become involved, and charges may be laid under the Criminal Code or provincial law.
- Peace Bond: It is a criminal court order. Breaching it is a criminal offence and can lead to charges.
If any order is breached, safety is the priority. If it is safe to do so, you can contact police or a trusted legal support. Try not to confront the person yourself about the breach.
Who Can Apply for Each Type of Order
Family Court Restraining Order
The exact list can vary by province or territory, but usually a person can apply if:
- They had a close family or intimate relationship with the other person (for example, spouse, former spouse, common-law partner, or someone they lived with in an intimate relationship), and
- There is a family court case already open, or one is being started (for example, separation, custody/parenting time, support, or divorce).
Some provinces and territories allow restraining orders against other family members (for example, a parent, adult child, or in-law) or against someone they have never lived with but were in an intimate relationship with.
Because the rules about who can apply are different across Canada, it may help to ask a duty counsel lawyer at your local family court how it works in your area.
Peace Bond
A peace bond can be requested when someone fears that another person may harm them, their partner, their child, or their property. It is not limited to family members.
You may be able to seek a peace bond if you are afraid that the other person may:
- Harm or threaten you, your child, or another family member
- Damage or interfere with your property or pets
- Harass or stalk you
Peace bonds can be used for ex-partners, family members, neighbours, co-workers, landlords, or others. The key issue is the fear of future harm.
Evidence Required
Evidence for a Family Court Restraining Order
Family courts generally look for information showing that there is a reasonable fear for safety. Evidence can include:
- Your own written statement or affidavit explaining what has happened and why you are afraid
- Text messages, emails, social media messages, or call logs
- Photos of damage to property (without putting yourself in danger to obtain them)
- Police reports, if any exist
- Medical records, if they are available and you feel safe sharing them
- Witness statements from people who have observed incidents or behaviour
Do not put yourself at risk to collect evidence. Only save messages or documents if it can be done safely—for example, by forwarding copies to a secure email or storing them with a trusted person.
Evidence for a Peace Bond
For a peace bond, a judge or justice of the peace must be satisfied that there is a reasonable fear that the other person might cause harm or damage in the future. Evidence can include:
- Your statement explaining what has happened and what you are afraid of
- Any threats, harassment, or stalking behaviour (in person or online)
- Copies of text messages, emails, social media posts, or voicemails
- Police incident numbers or reports, if any exist
- Photos or other documents showing past incidents (where safely obtained)
- Witnesses who can speak about what they have observed
The court does not need proof “beyond a reasonable doubt” that an offence happened, but must be convinced that the fear of future harm is reasonable.
How Hearings Usually Work
Family Court Restraining Order Hearings
Processes vary by province and territory, and may include steps such as:
- Applying to the court: You (or your lawyer, if you have one) file a family court form asking for a restraining order. In emergencies, you may be able to ask for a hearing on short notice.
- Notice to the other person: Usually the other person receives a copy of your documents and has a chance to respond. In urgent cases, a temporary order might be made without them being present, and then reviewed later.
- Interim or temporary order: A judge may make a short-term order while the case continues, especially if safety is a concern.
- Full hearing: If the order is contested, there may be a hearing where each side can give evidence, speak, and ask questions (often through a lawyer).
Some courts allow remote participation (phone or video) in certain situations. This can sometimes help with safety or reduce contact with the other party.
Peace Bond Hearings
Peace bond processes also vary, but often include:
- Starting the process: You may speak to police, or go to a courthouse to see a justice of the peace or similar official and describe your fear.
- First appearance: The other person is told to come to court. They may agree to the peace bond, or ask to contest it.
- Negotiation or agreement: Sometimes the other person agrees to the peace bond without a full hearing. Conditions are then set by the court.
- Hearing (trial): If there is no agreement, there may be a hearing where you testify, present evidence, and can be asked questions. The other person can also present evidence.
If you must attend the same courthouse as the other person, some courts can arrange separate waiting areas or safety measures if they know in advance. You can ask court staff or duty counsel what is possible in your location.
Possible Protections Included in Each Type of Order
Common Conditions in a Family Court Restraining Order
A family court restraining order is usually tailored to the family situation. Conditions may include:
- No direct contact with you (in person, phone, text, email, social media)
- No indirect contact (for example, messages through friends or relatives), except for very specific situations allowed by the order
- Staying a certain distance away from you, your home, workplace, or other places you regularly go
- Rules around attending the child’s school or daycare, if children are involved
- Contact only through a lawyer or a supervised communication tool, if allowed
- Specific conditions about parenting time, exchanges of children, or supervised visits
The order can be written to allow limited, safe contact for parenting reasons, or to block all contact, depending on what the judge believes is necessary for safety.
Common Conditions in a Peace Bond
Peace bond conditions are set by the criminal court and can include:
- No contact with you by any means (including text or social media)
- No going to or near your home, workplace, school, or other important places
- Not possessing weapons or firearms, and sometimes having to surrender any firearms or licences
- Not using alcohol or drugs (if substance use is linked to risk)
- Any other reasonable condition to keep you or your property safe (for example, not contacting certain family members)
Peace bonds generally focus on preventing criminal behaviour and protecting physical safety and property. They may not deal with parenting schedules, support, or other family law issues.
More support options and information about protection orders and safety planning across Canada can be found through resources listed at DV.Support.
How to Decide Which Option Might Fit
Both tools can sometimes be used in the same situation. Some people:
- Apply for a Family Court Restraining Order when they are also dealing with separation, divorce, or parenting issues, and
- Seek a Peace Bond when they need an additional criminal-law based safety order, or when the person is not a current or former partner or close family member.
Because every situation is different, local legal information or a brief conversation with duty counsel can help explain what is typically used in your province or territory and how it may apply to your circumstances.