Peace Bond vs Restraining Order in New Brunswick
Navigating the legal landscape around safety can be challenging, especially if you are experiencing threats or harassment. It’s important to understand the options available to you, such as peace bonds and restraining orders, and how they can help protect your well-being.
Understanding Peace Bonds
A peace bond is a legal order that aims to ensure your safety without requiring a criminal charge. It may be appropriate if you feel threatened by someone but do not wish to pursue criminal charges. Here's how to obtain one:
- Contact your local courthouse in Moncton to inquire about the application process.
- Gather any evidence that supports your request, such as messages or witness statements.
- Fill out the necessary forms, detailing the reasons you feel threatened.
Understanding Restraining Orders
A restraining order is typically issued in more serious situations, often involving domestic violence or harassment. Here’s how to pursue a restraining order:
- Visit the local family court or civil court in Moncton.
- Provide evidence of the harassment or threats you are experiencing.
- Complete the required forms, indicating the nature of your situation and the relief you are seeking.
What to Bring / Document
When applying for either a peace bond or a restraining order, it’s essential to be prepared. Here’s a checklist of items to gather:
- Identification (e.g., driver’s license, health card)
- Any evidence of threats or harassment (texts, emails, photos)
- Witness statements, if applicable
- Your written account of the incidents
- Any previous police reports or legal documents
What Happens Next
After submitting your application for a peace bond or restraining order, here’s what you can expect:
- A court date will be scheduled where you may need to present your case.
- The other party will be notified and may have the opportunity to respond.
- Depending on the court’s decision, the order may be granted, outlining the restrictions placed on the other party.
Frequently Asked Questions
- Can I apply for a peace bond or restraining order without a lawyer?
Yes, you can represent yourself, but legal advice is recommended. - How long does it take to get a peace bond or restraining order?
The process can vary; it may take a few weeks to get a hearing. - What if the order is violated?
Contact law enforcement immediately if you feel unsafe. - Are peace bonds and restraining orders permanent?
No, they typically have expiration dates but can be renewed. - Do I need to provide proof of harassment for a peace bond?
While evidence is helpful, it may not always be required.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.