What types of protective orders are available in Canada?
Canada has several types of protective orders. Provincial family courts can issue restraining orders in family law matters under provincial legislation such as the Family Law Act. Provincial courts can also issue Emergency Protection Orders or Emergency Intervention Orders in domestic violence situations. The Criminal Code allows courts to issue peace bonds under sections 810 and 810.1 even without a criminal conviction.
What is a peace bond in Canada and how is it different from a restraining order?
A peace bond under section 810 of the Criminal Code is a court order requiring a person to keep the peace and be of good behaviour for up to twelve months. It can include conditions such as no contact and staying away from certain locations. A restraining order in family law matters is issued by a civil or family court and typically arises in the context of separation, divorce, or child custody proceedings.
How do I apply for an Emergency Protection Order in provinces that have them?
Emergency Protection Orders are available in Alberta, British Columbia, Nova Scotia, Prince Edward Island, and several other provinces. They can be issued by a judge at any time, including evenings and weekends, based on an application that is often made through the police. Contact your local police or call 911 in immediate danger situations. A lawyer is not required to trigger the EPO process.
Can I get a restraining order against a non-family member in Canada?
Yes. Peace bonds under the Criminal Code are available against anyone who you have reasonable grounds to fear will cause personal injury to you or your family, damage your property, or commit a criminal harassment offence. You apply through a criminal court by making an information before a justice of the peace.
How do I apply for a restraining order through a provincial family court in Canada?
In family law matters, you file an application at your provincial family court. In Ontario, you file using Form 14 under the Family Law Rules. In BC, you use the Supreme Court Family Rules or the Provincial Court Family Rules depending on whether your case involves property or only custody and access. Court clerks can provide the forms and filing instructions at no charge.
Is there a cost to apply for a restraining order or peace bond in Canada?
Filing fees for family court applications vary by province. In Ontario, there is a filing fee for new applications, though it can be waived if you cannot afford it by filing a Fee Waiver Request. Peace bond applications in criminal court are free. If you are in immediate danger, contact police, who can initiate protective proceedings without cost to you.
What evidence do I need to get a restraining order in Canada?
You must provide sworn evidence in an affidavit describing specific incidents of threats, harassment, assault, or other conduct that makes you fear for your safety. Include dates, locations, what was said or done, any witnesses, and any photos or messages that support your account. Courts take these applications seriously even without police reports.
What happens if someone violates a restraining order or peace bond in Canada?
Violating a court-issued restraining order is contempt of court and can result in criminal charges. Violating a peace bond is a criminal offence under section 811 of the Criminal Code punishable by up to four years imprisonment. Call 911 immediately if the order is being violated and provide the responding officers with a copy of the order.
Can I get a restraining order without notifying the other person first?
Yes. Courts can issue ex parte (without notice) orders in urgent circumstances where notifying the other party would put you at greater risk. These are temporary orders. The court will schedule a follow-up hearing where both parties can attend and the other person can respond. Bring documentation of why prior notice was not safe.
How does uplaw.ai help with restraining orders and peace bonds in Canada?
Tell us your province, who you need protection from, and what has happened in the chat. uplaw.ai will identify the right type of protective order for your situation, help you locate the correct court forms, and assist you in drafting the affidavit or supporting documents you need to file your application.
Free to start
Need protection? Tell uplaw.ai what is happening.
No account required. uplaw.ai identifies the right protective order and helps you prepare your court application or affidavit.