Peace Bonds in Ontario (Section 810) — A Survivor's Guide
Survivors in Ontario sometimes seek legal tools to feel safer when they believe someone may pose a risk of harm. One such tool is a peace bond under Section 810 of the Criminal Code. This guide explains what peace bonds are, when they might apply, and how to pursue one within Ontario’s legal system.
What this is and why it matters
A peace bond is a court order that requires a person to keep the peace and follow certain conditions, often used to prevent potential harm before a crime occurs. In Ontario, Section 810 peace bonds can be requested when someone fears another individual might threaten their safety, but there may not be enough evidence to press criminal charges.
Peace bonds can include conditions such as avoiding contact, staying away from specific places, or surrendering weapons. They provide a legal way to establish boundaries and can be a step toward feeling more secure.
Plain-language step-by-step
- Assess your situation. If you feel unsafe because of someone’s behavior, consider whether a peace bond might help. It’s often used when there is a reasonable fear of harm but no immediate criminal charges.
- Gather information. Write down details about why you feel at risk, including any incidents or communications that concern you.
- Contact the police. In Ontario, peace bonds are typically requested through the police. You can explain your concerns and ask about the process for applying for a Section 810 peace bond.
- File a request. The police may assist in filing an application with the court. This involves submitting an information or complaint that outlines your concerns.
- Court hearing. A judge will review the application, and the person the peace bond is against may be required to attend court. Both sides can present information.
- Decision and conditions. If the judge grants the peace bond, they will set specific conditions for the individual to follow, usually for up to 12 months.
- Follow-up. If the peace bond is breached, you should report it to the police immediately.
What evidence or documents may help
- Written records of incidents, dates, and times where you felt threatened or unsafe.
- Messages, emails, texts, or social media communications that show concerning behavior.
- Witness statements from people who have seen or heard about incidents.
- Any previous court orders or police reports related to the individual.
- Personal notes describing your feelings and reasons for seeking protection.
Common mistakes to avoid
- Waiting too long to seek help if you feel unsafe—early action can be important.
- Assuming a peace bond is a criminal conviction—it is a preventative order, not a punishment.
- Not keeping copies of your evidence or documentation.
- Not understanding the specific conditions of the peace bond once it is granted.
- Trying to handle the situation alone—consider trusted support or professional advice.
What happens next
Once a peace bond is granted, the individual must follow the court-ordered conditions. If they do, the peace bond typically expires after the set period (often 12 months). If conditions are broken, the police may take further action, which could lead to criminal charges.
It’s important for survivors to stay informed about the terms and to keep communication open with their support network and local authorities if concerns continue.
Frequently Asked Questions
- Can anyone apply for a peace bond in Ontario?
- Generally, individuals who fear harm from another person can apply, but the court must be convinced there is a reasonable fear. Police involvement is usually required.
- How long does a peace bond last?
- Peace bonds under Section 810 often last up to 12 months but can vary depending on the court’s decision.
- Is a peace bond the same as a restraining order?
- They serve similar protective purposes but come from different parts of the law. Peace bonds are criminal court orders, while restraining orders may be issued in family or civil courts.
- What if the person breaks the peace bond conditions?
- Breaking a peace bond is a criminal offence, and you should report violations to the police promptly.
- Will applying for a peace bond affect a criminal case?
- Peace bonds are separate from criminal charges; applying for one doesn’t automatically start a criminal case but may be connected to ongoing safety concerns.
- Can I get legal help to apply for a peace bond?
- Legal advice can be helpful to understand your options and rights. Local community legal clinics or legal aid organizations may offer support.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.
Remember, every survivor's situation is unique. Taking steps toward safety can feel overwhelming, but understanding tools like peace bonds and accessing trusted support can be important parts of your journey.