Looking for a restraining order in Canada? Then this article will put you at ease. The process of getting a restraining order will vary depending on the type.
Let’s say you need a Family Protection Order. In that case, you need to ask your provincial court and Supreme.
On the other hand, if you need a Peace Bond (a form of a restraining order), you need to contact the police.
Check the following information to get a complete idea of restraining orders.
What is a Restraining Order?
A restraining or protection order applies to stop one person from contacting another. That’s why restraining orders are addressed as Non-contact Orders sometimes. And when someone violates the order, they will have civil or criminal penalties.
What are the Types of Restraining Orders?
Commonly, people ask for the following types of restraining orders:
- Emergency protection order (EPO)
- King’s Bench protection order
- Family violence situations or Family protection order
- Exclusive home possession order
- Peace bond
Most frequently, people request Peace Bond and Family Protection orders. So, let’s learn about these two.
This protection order is under the Criminal Code of Canada. You can use this to shield yourself from anyone.
That means, even if it’s someone with whom you’ve gone on a date, and that person is bothering you now—you can ask for a Peace bond protection order.
A prosecutor known as Crown Counsel will handle the matter if you ask for a Peace bond. And if a court hearing is required, the criminal court will take care of the issue. Note that a peace bond doesn’t go to a criminal record.
Family Law Protection Order
Generally, people call this a PROTECTION ORDER. And it’s under the Family Law Act. The criminal justice system doesn’t handle these sorts of orders.
This protection order will safeguard your family members. These orders cover situations like protecting your family from your ex-spouse.
Note that you can ask for a peace bond and a family protection order at the same time.
How to Apply for a Restraining Order in Canada?
You already learned that the process of obtaining a restraining order depends on the type of protective order you seek.
Let’s know how to apply for a restraining order below:
Emergency protection order: You can ask the provincial court for this. But if the police are already investigating your domestic violence case, they will obtain it for you.
King’s Bench protection order: You need to apply to court directly to get this order.
Family violence protection: You have to obtain it from the King’s Bench, which is technically a court.
Home possession order: You either ask for it from your provincial court or the Supreme Court.
Peace bond: To get this, you simply need to file a complaint to your local police.
Note: For other issues like – coworkers, neighbours, dating relationships, parents, and adult children being threatened or getting threatened, they need to file a complaint to King’s Bench.
What are the Reasons to Get a Restraining Order?
People apply for Protection or restraining orders for different kinds of reasons.
The following list will give you an idea of when exactly some ask for a restraining order, including the type of protective orders.
Emergency protection order:
When there’s violence, or you show threatening behaviour. And it offers immediate protection.
King’s Bench protection order:
People ask for this when they consider violence less serious. That means this is not to have urgent protection. However, the judge will ask you to repay the damages you caused.
If one party doesn’t feel physically safe in a situation like you two lived together, they can ask for this kind of protection order. Police can arrest you don’t abide by the order.
Exclusive Home Possession Order:
This is another form of a family protection order. Anyhow, if there’s disagreement about who will leave and reside in a house, one can ask for this kind of order.
If someone doesn’t want you to contact them via any communication mode (call, text, or mail), they might ask for a Peach bond. Additionally, one can be afraid for their safety for you. In that case, the anxious person can ask for a Peach bond.
If you ignore this, it will be considered a criminal offence.
Restraining Order for Other Situations:
Other than the reason mentioned above, if someone is threatened or assaulted by anyone (neighbor, coworkers, dating relationships, parents, or adult children) – one can ask for a restraining order.
Final Remarks on Restraining Order in Canada
You have learned that there are different restraining or protective orders. People ask for a protective order based on the type of threat or danger and the relationship.
Since there are different kinds of retraining orders, people often get confused about which one to ask for. In that case, it’s best to talk to a lawyer. Moreover, if you want to fully protect your rights, you must consult a lawyer.
The following questions have further information on restraining orders—GIVE THEM A READ.
Does a restraining order cost money?
A Peace Bond doesn’t cost money. But a Family Protection Order isn’t entirely free. If you are going to a provincial court, there’s no fee. But if you seek a protection order from the Supreme court, there will be around a $200 fee. And the fees vary among provinces.
Does a restraining order extend to social media?
Yes. The protection order laws specify one can’t contact another person via texts, emails, letters, or calls. That’s why if the restricted person even tags you or mentions you in a social media post, it’s a violation of the order.
Do I need a lawyer for a restraining order hearing?
Yes, if you aren’t sure which kind of retaining you want to ask for, you can consult a lawyer. Besides, it’s very common for people not to know to protect their rights, which is another reason to get a lawyer. But if you are well informed about a restraining order, it’s does’t require a lawyer.
How long will the restraining order last?
Usually, peach bond and family law protection orders last for 1 year. However, the judge might say something otherwise. In such a case, the restraining order will be longer. If you want to extend a restraining order, you must request the judge to validate further.
What is the difference between a Restraining Order and Peace Bond?
The difference is the degree of threat. If you think the issue needs to be handled legally, but it’s not an emergency, you ask for a Peace Bond. And if you think you need immediate protection from a threat, you ask for a restraining order, which means it’s more serious and urgent.