Peace Bonds in Ontario (Section 810) — A Survivor's Guide
Survivors of domestic violence or harassment may encounter the need for a peace bond as a protective measure. A peace bond can help ensure safety when individuals feel threatened or fear for their well-being.
What this is and why it matters
A peace bond is a legal order under Section 810 of the Criminal Code of Canada. It is designed to protect individuals from harassment or threats by requiring the individual to keep the peace and stay away from the applicant. This order can provide a sense of security and peace of mind for survivors, allowing them to take proactive steps to ensure their safety.
Plain-language step-by-step
- Assess your situation: Determine if you feel threatened or harassed by someone. Consider your safety and the need for protection.
- Gather evidence: Collect any relevant information, such as messages, photos, or witness statements, that demonstrate the threats or harassment.
- Consult with a legal professional: Seek advice from a lawyer who can guide you through the process and help prepare your application.
- File an application: Submit your application for a peace bond at your local courthouse. A judge will review your request.
- Attend the court hearing: Be prepared to present your case and evidence in front of a judge.
- Receive the order: If the judge agrees to issue the peace bond, you will receive a formal order detailing the conditions.
What evidence or documents may help
When applying for a peace bond, it is important to provide evidence that supports your claims. This may include:
- Text messages or emails that demonstrate threats or harassment.
- Photos of any injuries or property damage.
- Witness statements from individuals who have observed the behavior.
- Police reports or any previous legal documents related to the situation.
Common mistakes to avoid
When pursuing a peace bond, consider avoiding the following common mistakes:
- Failing to gather sufficient evidence to support your claims.
- Not attending the court hearing or arriving unprepared.
- Ignoring the conditions set forth in the peace bond if granted.
- Underestimating the importance of legal advice in the process.
What happens next
If a peace bond is granted, the individual must comply with its conditions. If they violate the order, you should report this to the authorities immediately. Breaching a peace bond can result in serious legal consequences for the offender. Regularly review your safety plan and continue to seek support from local resources.
Frequently Asked Questions
1. How long does a peace bond last?
A peace bond can last up to 12 months, but this may vary depending on the circumstances and the judge's decision.
2. Can I apply for a peace bond if I have not been physically harmed?
Yes, you can apply for a peace bond if you feel threatened or have experienced harassment, even if physical harm has not occurred.
3. Is there a cost to apply for a peace bond?
Generally, there is no fee to apply for a peace bond in Ontario, but it's advisable to confirm this with local legal resources.
4. What if the peace bond is violated?
If someone violates the terms of a peace bond, you should report it to the police immediately, as it is a criminal offense.
5. Can I get a peace bond for someone I am not living with?
Yes, you can seek a peace bond against anyone who poses a threat to your safety, regardless of your living arrangements.
6. Will a peace bond affect the other person's criminal record?
A peace bond itself does not result in a criminal record, but violating its terms can lead to criminal charges.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.