Restraining Orders, Generally
A restraining order is generally a civil family-court order, available under Ontario's Family Law Act, that can generally prohibit a person from directly or indirectly contacting or approaching another person, where the applicant has reasonable grounds to fear for their own safety or the safety of a child. It's generally obtained through the family court process, connected to the family law proceeding itself.
Peace Bonds, Generally
A peace bond is a different kind of protection, generally available under the Criminal Code, involving a person agreeing (or being ordered) to keep the peace and follow specific conditions, generally obtained through the criminal court process rather than family court. It's generally a quasi-criminal protective tool, distinct in process and legal basis from a family court restraining order, even though both are generally aimed at protecting someone's safety.
The Key Differences
The core general differences come down to which court system is involved (family court for a restraining order, criminal court for a peace bond) and the underlying legal basis. Depending on the circumstances, it's possible for related protections to exist through both systems at once, though each generally has its own separate process, requirements, and consequences for a breach.
Getting Help
If safety is a concern, the practical starting point is generally not deciding on your own which legal tool to pursue, but getting help promptly — from police where there's immediate danger, or from a lawyer, community legal clinic, or support organization for guidance on the available options given your specific situation. See our Urgent Help page for more resources, and our related guide on how a restraining order can affect parenting time for that connected question.
Frequently Asked Questions
What's the main difference between a restraining order and a peace bond?
A restraining order is generally a family court (civil) order under the Family Law Act; a peace bond is generally obtained through the criminal court process under the Criminal Code. They're different legal tools with different processes.
Can I have both a restraining order and a peace bond at the same time?
Depending on the circumstances, yes — they exist in different legal systems and can potentially apply together, though each generally has its own separate requirements and process.
Do I need a lawyer to get a restraining order?
Not strictly required, but given what's at stake, legal advice or support from a community legal clinic is generally worth seeking, alongside contacting police if there's immediate danger.
What happens if someone breaches a restraining order or peace bond?
A breach is generally treated seriously and can generally lead to significant legal consequences, including potential criminal charges — report a breach to police.
Where can I get immediate help if I'm not safe right now?
Please see our Urgent Help page and contact emergency services or police directly if you're in immediate danger — don't wait to research the legal options first.