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The Difference Between Restraining Orders and Peace Bonds in Ontario

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The Difference Between Restraining Orders and Peace Bonds in Ontario

⚖️ Restraining Orders vs Peace Bonds in Ontario: Quick Reference

• Court Source

  • Restraining Order: Family (or civil) court
  • Peace Bond: Criminal court (section 810 Criminal Code)

• Eligibility

  • Restraining Order: Must have been married, cohabited, or share a child with respondent
  • Peace Bond: No prior relationship required; anyone fearing harm may apply

• Typical Uses

  • Restraining Order: Domestic violence, separation, custody disputes
  • Peace Bond: Harassment, stalking, threats by neighbours, acquaintances, strangers

• Application Process

  • Restraining Order: File Form 9C (family) or Form 10 (civil) in court
  • Peace Bond: Request through police station or at criminal courthouse; free of charge

• Duration

  • Restraining Order: Indefinite or tied to family proceedings
  • Peace Bond: Up to 12 months (renewable)

• Conditions Common to Both

  • No direct or indirect contact (calls, texts, social media, third parties)
  • No attending specified locations (home, work, school)
  • No weapons possession or threats

• Enforcement & Breach

  • Breach of either is a criminal offence
  • Police can arrest on sight for violations
  • Crown may pursue new charges or contempt proceedings

• Variation or Discharge

  • Only a judge or justice can modify or cancel
  • Restraining Order: File Form 8B (Motion to Vary) in family/civil court
  • Peace Bond: Apply to original criminal court

• Key Takeaways

  • Choose Restraining Order if there’s an intimate/family link and you need long‑term protection
  • Choose Peace Bond for criminal enforcement and anyone posing a threat, regardless of relationship
  • Both provide legally enforceable no‑contact safeguards

• Ontario Help Lines & Resources

  • Legal Aid Ontario: 1‑800‑668‑8258
  • Assaulted Women’s Helpline: 1‑866‑863‑0511
  • Victim Support Line: 1‑888‑579‑2888
  • Court forms: ontariocourtforms.on.ca
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