Peace Bonds in Ontario (Section 810) — A Survivor's Guide
When someone feels at risk of harm but a criminal offence has not yet happened, they might consider a peace bond under Section 810 in Ontario. This tool can help survivors feel safer by legally requiring a person to keep the peace and stay away.
What this is and why it matters
A peace bond under Section 810 of the Canadian Criminal Code is a court order designed to prevent potential harm before it occurs. It requires a person to keep the peace and be of good behaviour for a set period, typically up to 12 months. This legal tool is often used when there is reasonable fear of harm but not enough evidence for criminal charges.
For survivors in Ontario, a peace bond can provide an additional layer of safety without initiating a full criminal proceeding. It may include specific conditions, such as no contact orders or restrictions on approaching certain places.
Plain-language step-by-step
- Recognize the risk: Understand that a peace bond is an option if you fear someone may harm you or others, even if no crime has been committed yet.
- Seek advice: Consider speaking with a trusted service provider, legal professional, or community agency to understand if a peace bond fits your situation.
- File the application: The peace bond application is usually filed at a local courthouse. You or a legal representative can start this process.
- Attend the hearing: A court hearing will be scheduled, where the person against whom the peace bond is requested can respond.
- Court decision: The judge decides whether to issue the peace bond and under what conditions.
- Follow-up: If granted, the peace bond will last for the specified time, and any breaches can be reported to the police.
What evidence or documents may help
- Written statements: Personal accounts explaining why you fear harm.
- Communication records: Emails, texts, or messages that show threats or concerning behavior.
- Witness information: Names of people who can support your concerns.
- Police reports: If you have involved law enforcement before, these may support your case.
- Any other documentation: Relevant notes, photos (if appropriate), or records that demonstrate your reasonable fear.
Common mistakes to avoid
- Delaying action: It’s important to seek help as soon as you feel at risk, rather than waiting for harm to occur.
- Not gathering evidence: Clear, organized information can make the process smoother.
- Overlooking safety: Use a safe device and private browser when researching or applying for a peace bond.
- Going it alone: Support from trusted people or professionals can be invaluable.
- Misunderstanding the peace bond: It is a preventative tool, not a criminal conviction or guarantee of safety.
What happens next
Once a peace bond is issued, the person named must follow the court’s conditions. If they breach these conditions, you can report it to the police. The peace bond typically lasts up to 12 months but may be extended or varied by the court. During this time, it can offer survivors a measure of reassurance and legal recourse if threats or harassment continue.
Frequently Asked Questions
- Can I apply for a peace bond without a lawyer in Ontario?
- Yes, you can apply on your own, but legal advice or support from community services can help you understand the process and paperwork.
- Is a peace bond the same as a restraining order?
- They are similar but not identical. A peace bond is a court order under criminal law to prevent harm, while restraining orders can fall under family or civil law. Each has different criteria and effects.
- What if the person named refuses to follow the peace bond conditions?
- Breaching a peace bond is a criminal offence, and you can report violations to the police for enforcement.
- Can a peace bond be renewed after it expires?
- It may be possible to request an extension or a new peace bond if the risk continues, but this depends on the court’s assessment.
- Will applying for a peace bond affect criminal charges?
- Applying for a peace bond does not initiate criminal charges but may be considered alongside other legal proceedings if they occur.
- Is the peace bond process confidential?
- Some information is part of the public court record, but you can discuss privacy concerns with legal or advocacy supports.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.
Remember, a peace bond is one option among many for safety and support. Connecting with trusted local resources in Ontario can help you make the best choices for your well-being and peace of mind.