How to Get a Peace Bond in Ontario
If you live in fear that someone will harm you or your property, then you can apply for a peace bond through the courts. A Peace Bond is a court order that helps reduce/eliminate the threat of potential harm through a formal agreement between the Court and an individual.
For more information regarding peace bonds in Ontario, keep reading our guide.
Peace Bond Meaning Explained
A peace bond is a protection order made by a court under section 810 of the Criminal Code. It is used where an individual (the defendant) appears likely to commit a criminal offence, but there are no reasonable grounds to believe that an offence has actually been committed.
In such a situation, one can obtain a peace bond in Ontario against the defendant. When this happens, the courts can impose various conditions that will prevent harm or contact from the defendant.
When the court receives and accepts the peace bond application, the defendant must follow all the conditions specified in the peace bond. If they don’t, the court will charge them with a criminal offence of breaching a peace bond.
One can enforce peace bonds anywhere in the country. However, it will take a while to obtain a peace bond in Ontario because a peace bond is not for emergencies.
If you have an emergency and your right to life has been harmed, we recommend you immediately call 911! To gain a deeper understanding of peace bonds in Ontario, get in touch with a criminal lawyer in Mississauga.
What are the Conditions for a Peace Bond in Ontario?
When one party seeks to enforce a peace bond in Ontario against another party, the court can impose certain conditions on the defendant to protect the other party.
These conditions can order the defendant to:
- Refrain from contacting the person, their children, or spouse
- Keep good conduct and peace
- Not visit the person, their children, or spouse
- Not contact the person via phone
- Not send text messages to the person
- Not write letters to the person
- Refrain from owning weapons
- Pay or promise to pay a cash bond to the court, which the defendant will have to forfeit if they breach the conditions of the peace bond in Ontario
- Not use alcohol or non-prescription drugs and provide bodily samples to ensure adherence to this order
- Adhere to any other conditions that the court may impose to prevent harm to the other party
These are examples of conditions of a peace bond in Ontario that the defendant will have to follow in case of an enforcement.
What Happens if You Break a Peace Bond in Ontario?
Breaking a peace bond in Ontario is a criminal offence that can lead to a conviction and even jail time.
If a cash deposit was required, a defendant could forfeit their cash as a condition of the peace bond. Following the conditions of the peace bond in Ontario is important to avoid a criminal conviction.
How to Get a Peace Bond in Ontario: Peace Bond in Ontario Application Process
If you are looking to file a peace bond against someone, it is important to follow the correct procedure. Here are the steps you can follow to apply for the peace bond in Ontario:
1. Look for the Nearest Courthouse
The first thing you must do is find the nearest courthouse in your locality. Then, you will have to apply for the peace bond at the criminal service counter of the local courthouse.
When you go to the counter, the employees will give you the form you need to begin your peace bond application.
2. Fill the Application and Meet the Judge
After you receive the required form, you will have to fill out the application and provide details of the reasons you are requesting a peace bond in Ontario. Return this form to the counter.
Then, an official will review the form and determine whether you meet the grounds for a peace bond. If you don’t meet the grounds, then the official will deny your application, which will end the matter there.
If the official deems that you have sufficient grounds, then they will prepare a document named “information” that you must sign under oath, which will help begin the peace bond application process.
The official will either issue a warrant to arrest the defendant and bring them to court or they will issue a summon to urge the defendant to attend the peace bond hearing at a certain time and date.
You will also receive information regarding the location, time, and date of the peace bond hearing in court. If you don’t attend this hearing, then the process will be discontinued and you will have to apply again if you still wish to enforce a peace bond between you and the defendant.
3. Attend the First Hearing in Court
It is important to attend the first hearing of the peace bond in Ontario. This is when the defendant will learn why you are asking for a peace bond, and they will decide whether they consent to this request.
If the defendant consents to this peace bond, then the court will create an order for them to sign confirming the peace bond agreement with all the conditions. The matter will be completed here.
If the defendant doesn’t consent to a peace bond in Ontario, then the judge will set another date for the peace bond hearing to attend again.
4. Attend the Second Peace Bond Hearing (If Applicable)
During this hearing, the judge will listen to your evidence and any witnesses you may have to corroborate the reasons you are seeking a peace bond. The defendant will also have the right to call any witnesses they like.
Then, the judge will determine whether there are enough reasonable grounds to order the peace bond in your case. If they order the bond, then they will decide the conditions to include.
If the defendant refuses to sign this bond at the hearing, then the official will send them to jail for a year.
Obtaining a Peace Bond in Ontario through the Police
Another way you can obtain a peace bond in Ontario is by contacting the police. You can do this when there is a threat to your life or you require immediate assistance and help.
Here are the steps you can follow to obtain a peace bond in Ontario through the police:
1. Contact Your Local Police
We recommend that you contact your local police. You must explain your fear and concern to the police so they can determine whether a peace bond would be appropriate for your circumstances.
2. Give the Interview
When you visit the police, they will take an interview from you to prepare an “Information.” This is a statement that will explain why you fear that the defendant will commit an offence.
3. Conducting an Investigation
Next, the police will conduct an investigation, which can include the following:
- Conducting a criminal record check
- Interviewing other witnesses to corroborate your statement
- Interviewing the defendant to hear their side of the story
If the police agree that you have reasonable grounds, then they will draft the peace bond in Ontario with a list of certain conditions. Then, they will get in touch with the defendant and ask for them to sign the peace bond.
4. Consenting to the Peace Bond in Ontario
If the defendant agrees to the peace bond, then the police will swear the information prepared before the court. They will also present the signed peace bond.
However, if the defendant doesn’t consent to the peace bond, then a hearing date will be set in the court. The court will issue a summons to ensure that the defendant appears before the court on the set date.
5. Time for the Court Hearing
During the hearing, the court will:
- Listen to the evidence from the prosecutor or police and defendants to see whether the peace bond is requested on reasonable grounds
- Then, the court can dismiss the application if there are no sufficient grounds or enter into a peace bond with the other party
- Impose the peace bond, and we recommend if you are not the defendant, then you should also obtain a copy of it from the court
How Much Does a Peace Bond Cost in Ontario?
A peace bond is free of cost, and you can easily get a peace bond without a criminal lawyer. All you have to do is follow the steps above by going to court or going to the police to begin the peace bond application process.
Police enforce peace bonds all over the country and supervise them similarly to a probation order.
However, if you are looking for guidance surrounding criminal charges or to understand more about peace bonds, contact Mississauga criminal defence lawyer Suny Virk.
Restraining Order vs Peace Bond in Ontario
A peace bond in Ontario is not the same as a restraining order. Restraining orders can be obtained via the Family Court for common law, married, divorced, or separated couples.
On the other hand, a peace bond can be obtained through any local court in Canada or through the police if one’s life is in immediate danger.
Can You Get a Peace Bond for Harassment?
Yes, you can get a peace bond for harassment. It is sought in circumstances where your safety and life may be in danger, and harassment is one of them.
The courts will set a condition where the defendant cannot contact you. In the long run, this will offer you the protection you require.
Will a Peace Bond Affect Employment?
A peace bond in Ontario doesn’t affect your ability to travel or your employment. If you are looking for a job or want to travel, you can do that even with a peace bond.
The key thing to remember here is that a peace bond is not a criminal conviction. Because of this, you can continue with life as normal so long as the peace bond conditions are being met.
FAQs
Is a peace bond the same as probation in Canada?
A peace bond in Ontario is supervised similarly to a probation order because the threat or harm to the other person. The peace bond is made and then it is supervised just like a probation.
What happens if you break a peace bond in Ontario?
You will be charged with a criminal offence, and you can serve a maximum of four years in jail. However, the imprisonment term will depend on the severity of the offence.
Will a peace bond show on my criminal record in Canada?
A peace bond is not a criminal charge and will not go on your record. It will only be part of your criminal record if you break the bond order and breach the terms.
How long does a peace bond stay on your record in Canada?
The person who enters into the peace bond will not receive a criminal record. The only time it will come on your record is if you break the peace bond in Ontario and are charged with a criminal offence.
In such a case, be sure to have legal guidance on your side and contact a criminal lawyer near you.
Final Thoughts
Now that you know everything in detail about a peace bond in Ontario, you can get one yourself without the help of a lawyer. However, it is important to only do these in circumstances where your safety is threatened.
For more information regarding your options, please feel free to connect with our criminal lawyer in Ontario.
Author Profile
- Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.
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