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A peace bond is a court order that requires a person to keep the peace and not do certain things. This can include not contacting someone and staying away from them.
A peace bond requires another person to keep the peace and be of good behaviour for up to 12 months. They must also obey any other conditions ordered.
You may be able to get a peace bond if you have reasonable grounds to fear for the safety of:
A peace bond can also be requested if someone has threatened to release or distribute intimate photos of you.
The person you fear may be a current or former partner, a co-worker, casual acquaintance or total stranger. If you know who the person is, you can ask for a peace bond.
A peace bond is not a criminal conviction. As long as the conditions of the peace bond are met, the person will not be charged with a criminal offence.
However, if the conditions of the peace bond are broken, the person can be charged with a criminal offence. If convicted, the person can be fined and jailed. They will then also have a criminal record.
A peace bond does not cost anything and you do not need a lawyer to get one. However, it can take some time to get a peace bond so they may not be useful in emergency situations.
To get a peace bond, you should go to your nearest police station or RCMP detachment. If possible, bring with you:
The police will do an investigation which may include:
If the police find there are reasonable grounds to support your fears, they will create the peace bond. It will include a list of rules that must be followed such as no contact with you.
The police will contact the person to determine if they will agree to the conditions in the peace bond. If the person agrees, they sign the peace bond. The police will provide the court with the signed peace bond and the information you provided to the police. The court then signs the peace bond making it an order of the court.
If the person will not voluntarily agree to sign a peace bond there will be a hearing.
A hearing is similar to a trial. You must attend court on the hearing date.
A Crown Prosecutor will conduct the case on your behalf. The other person may be represented by a lawyer or may speak for themselves at the hearing.
The judge hears both sides, including testimony from you, the other person and any other witnesses. After considering all the evidence, the judge will decide whether to order the peace bond. If the person will not agree to sign the peace bond after a judge’s order, the person can be placed in jail for up to twelve months.
When a peace bond is ordered, the person must agree to keep the peace and be on good behaviour. A number of other conditions can be included in a peace bond including requiring the person to:
You should make sure to get a copy of the peace bond and keep it with you.
The judge can order the peace bond for any set period of time up to 12 months. After it expires, you can apply for a new peace bond if needed.
If you decide you want to see the person after a peace bond is in place, talk to the police or Crown Prosecutor and ask that the peace bond be changed to allow the person to contact you.
Do not invite the person to see you unless the peace bond has been changed to allow it or the peace bond has expired.
By breaking any of the conditions of the peace bond, the person is committing a crime. If the person breaks or threatens to break the peace bond, call the police immediately. The police can arrest the person and may charge them with a criminal offence.
If the police charge the person and the person denies the charge, there will be a trial. You may then have to give evidence about how the person broke the peace bond.
If the person pleads guilty to the charge, you do not need to go to court. However, you may choose to do so if you want.
After the person pleads or is found guilty, the judge will decide the sentence for the offence. You may want to provide the court with a victim impact statement so that the judge can consider the effect the person’s actions have had on you.
Ask the police or Crown Prosecutor about the availability of Victim Services in your area. Victim Services can provide information and support to victims of reported crimes. The victim or witness support program can help you through the court process.
If a person is convicted of breaking the peace bond, they could receive:
In very serious cases, the accused person could receive a jail term of up to four years.
By itself, a peace bond may not protect you from violence at the hands of the other person. The person may ignore the court order. The possibility of a criminal record may not be enough to stop the person from being violent.
Whether or not you have a peace bond, if you need immediate protection, call the police, go to the nearest shelter, or call a crisis line. The police may be able to:
DO NOT PUT YOURSELF AT RISK.
If you need support to help deal with a violent person, call a crisis or help line. Ask about treatment programs for people who are violent. Contact Victim Services. Go to a mental health clinic or other counsellor for support and information. Talk to a member of the clergy or an elder.
Because a peace bond can take some time to process, there are other options in an emergency. In an emergency, victims of interpersonal violence can apply to a special Justice of the Peace for help at any time of the day or night. Police officers, mobile crisis workers and victim services coordinators can help victims do this.
If the abuser is your spouse and you have children together, you may need a parenting order to determine when and how the other parent can see the children. Options such as supervised parenting time can help keep you and your children safe.
PLEA offers free online training on preventing and addressing workplace harassment.