Restraining Orders:

What is a restraining order? civil or criminal?

A restraining order is a court order from family court that sets rules on what a person cannot do, based on what the court thinks is necessary for your situation. Additionally, a restraining order is a civil protection order. The order might restrict where someone can go, or who they can talk to and contact. For example, the order might say your partner is not allowed to: 

• Come within 500 metres of you and your children 
• Come within 750 metres of your home and work
• Talk to or contact you or your children only through an agency or another person. 

Give two reasons why do people prefer a restraining order? 

People prefer a restraining order for two reasons:  

• A restraining order can last longer, and
• If you have already begun a family law court case, you might get a restraining order quicker than a peace bond. 

Who can apply for a restraining order? Under which act?

You can apply for a restraining order against your partner if any of the following is true: you were married to your partner, you and your partner lived together at any time, or you have the duty to make decisions which is called decision-making responsibility (previously known as custody) for a child. You can apply for a restraining order under the family law act.  

What do you need to prove?

You need to prove that you have valid reasons to fear for your safety or the safety of any child under your care. You must explain why you are scared for yourself or the child. The things your partner has said and done in the past can help prove your fear. You need to provide the judge with detailed reasons for wanting specific protections.

What are urgent and ex parte restraining orders?

An ex parte restraining order is when the person involved in the restraining order is not aware when you apply and restraining orders can be urgent when you think there is immediate danger that you or your child will be harmed.  

Can restraining orders be permanent?

Restraining orders can either be permanent or temporary. In most cases, restraining orders are temporary. 

Explain two ways to get a restraining order?

There are two ways to get a restraining order. The first way is filing a court application, where you request for a restraining order along with other family law orders such as requesting custody or divorce. The second way is filing a court motion, where you ask the court to make a decision on a specific issue before the full trial happens.  

Do you need to show the police the restraining order to enforce it?

Yes, you need to show the police your restraining order before they can take action if your partner does not follow it. 

What happens if your partner does not follow the restraining order?  What is a bail hearing?

If your partner does not follow the restraining order, the police can arrest and charge them with a crime.This would lead to your partner going to a bail hearing. A bail hearing is when someone charged with a crime appears in court after being arrested. They ask a judge or justice of the peace to decide if they can be released from jail or if the police can still keep them in jail. If the judge makes the decision to release your partner, they will probably have stricter rules to follow than what was in the restraining order.   

Peace Bond:

What is a peace bond? civil or criminal?

A peace bond is an order from the criminal court made by a judge or justice of the peace. In a peace bond, a person must sign to confirm they promise to behave well and avoid causing trouble. It often includes certain rules such as your partner making a promise not to contact you or your children. 

What other names do they go by?

Peace bonds can also be called “section 810 peace bonds” or “810 recognizances”. 

How long do they last for?

Peace bonds can last for one year.

Who can apply?

Anyone can apply for a peace bond and it can be applied against anyone such as a neighbor or a co-worker, not just your partner.

If you can show “reasonable fear”, what will happen?

If the judge or justice of the peace thinks there is enough proof that you have reasonable fear, they will issue a summons to the person you’re concerned about. The summons is a legal notice that requires the person to appear in court on a specific date to hear their side of the story. At that hearing, the court will review all the evidence from both you and the other person to decide if a peace bond should be issued and what conditions it should include. One thing to note is that your partner does not have to stay away from you or your children during the process and since the court process can be slow to make a decision, it is suggested to make a safety plan for you and your children.

What is a mutual peace bond?

A mutual peace bond sets rules for both you and your partner that must be followed. For example, the mutual peace bond might state that you and your partner are not allowed to contact each other. If you are asked to sign a mutual peace bond, it is important to seek legal advice first before signing it. Breaking the rules of a mutual peace bond, like contacting your partner, could lead to criminal charges against you.

What is a no communication or no harassment order and how does it differ from the two above?

A no communication or no harassment order are rules set by the police or court to stop or limit the accused person from contacting the victim, the victim’s spouse, children, or other specified individuals. This order is different from a peace bond or a mutual peace bond because it also protects the victims relatives or loved ones, so the accused cannot harass the victim by reaching out to people close to them.