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What
are the differences between a peace bond and a restraining order?
Where
to get one
-
You need to go to the
police for a peace bond.
-
You can apply for a
restraining order in Provincial Court or Supreme Court without going
through the police. (See
If You Have to Go to Court for
information on the Provincial Court application process.)
Lawyers, courts and costs
-
You do not need a
lawyer to apply for a peace bond. The police will apply for you, and a
lawyer employed by the government (Crown counsel) will handle your case in
court.
-
You may go to either
the Provincial Court or the Supreme Court to ask for a restraining order.
If you are already in the process of applying for custody , guardianship ,
access or support the same court will handle your application for a
restraining order. We recommend you talk to a
lawyer to find out which court is most
appropriate for you. A Family Justice Counsellor can also provide you with
information about the courts.
-
You may apply for a
restraining order in either Provincial Court or Supreme Court with or
without a
lawyer (it is your choice), but we
recommend a lawyer . You will be responsible for paying the lawyer's fees,
unless you qualify for
Legal Aid
-
There are no fees to
apply for either a peace bond or a Provincial Court restraining order. In
Supreme Court, however, you will be required to pay a filing fee of
approximately $200, unless you qualify for
Legal Aid .
Time
limits
-
A peace bond lasts up
to one year only.
-
A restraining order
has no time limit, unless the judge for your case includes a specific
expiry date.
Enforcement limits
-
While both peace bonds
and restraining orders from BC can be enforced by police anywhere in BC,
only a peace bond is guaranteed to be enforceable elsewhere in Canada.
-
A restraining order
from BC will most likely not be considered valid in another province. If
you move out of BC, you may have to apply for another restraining order in
your new location.
How can I protect myself and my children
during my separation or divorce?
If
you are in immediate danger
If you are afraid of
your spouse and think you or your children are in immediate danger, call the
police right away.
You have the right to
feel safe and to expect help from the police. It is their job.
You can ask the
police about getting a protection order for you and your children. If there
is a Transition House
in BC (Canadian
Transition Homes) or safe home in your area, you can also
ask the police to take you there, or to another safe place - such as a
relative's or friend's house. The police can also refer you to a local
Victim Services (Prince
George Victim Services call 250-562-2911 - in emergency call RCMPolice at
250-561-3300 - or call 911) office where staff will work with you to
develop a personal safety plan.
If
you are not in immediate danger
If you are afraid for
your safety or the safety of your children, but you are not in immediate
danger, call the Victim Information Line toll-free at 1-800-563-0808. The
Line is open 8:30 a.m. to 7:30 p.m., Monday to Friday.
Through the Victim
Information Line, you will be referred to a
Victim Services (Prince
George Victim Services call 250-562-2911 - in emergency call RCMPolice at
250-561-3300 - or call 911) worker in your community, who can tell
you about how to get a protection order while you are going through the
process of separation or divorce, and refer you to other community resources
as needed.
A Family Justice
Counsellor can also tell you about protection orders, and you may want to
see a
lawyer for legal advice.
Please note:
If you have a
speech or hearing impairment, you can contact the police or the Victim
Information Line by calling the 24-hour BC Tel Message Relay Centre at 711
(TTY/VCO telephone) or 1-800-855-0511(regular telephone
What
can the police do to help me?
In British Columbia,
it is a criminal offence (a crime) for anyone - including your spouse - to
assault you or your children, or to harass or stalk you, to threaten you
with bodily harm or to damage your property.
If you feel afraid or
threatened by your spouse, you need to go to the police right away. Once
the police have talked to you, they will decide if there is enough
evidence to prove that your spouse has committed a criminal offence.
-
If there is enough
evidence, the police will probably arrest your spouse or former
spouse and ask the Crown counsel (a lawyer employed by the government)
to lay
a criminal charge against him. If the Crown approves the charge, your
spouse will
have to go to court.
-
If there is not
enough evidence, the police may apply for a peace bond - also called
an "810 recognizance" - to protect you from your spouse, or they may
recommend
that you apply for a civil restraining order.
What is a protection order?
A protection order is
an order made by a judge to protect one person from another. The order
lists certain conditions the person named in it must follow - usually that
he or she can have no direct or indirect contact with the other person. If
the person disobeys the conditions, he or she may face significant
consequences, including a fine and/or jail.
A protection order may
be either a peace bond (also known as an "810 recognizance") or a
restraining order.
Peace bonds and
restraining orders are both protection orders - orders made by a judge in
court (criminal court for peace bonds, civil court for restraining orders)
to help protect one person from another. Both are registered in the
Protection Order Registry after they are
signed by a judge, and both can be enforced anywhere in BC (that means the
police can arrest the person named in the order if you are in danger).
What is the Protection Order Registry?
The Protection Order
Registry is a computer database of protection orders issued by BC courts.
If you call the police
to say that your spouse has disobeyed a protection order, the police can
phone a central number at any time during the day or night to get
up-to-date information about your order, and they can then act to enforce
the order right away.
What
should I do if my spouse does not follow the conditions of the protection
order?
Call the police.
Explain that you have a peace bond or a restraining order and that the
person named in the order has not obeyed its conditions.
In most cases,
particularly if you are in danger, the police will arrest the person and
ask Crown counsel to lay a charge.
With a peace bond
If the person is
convicted of disobeying the terms of the peace bond, he will have a
criminal record and may also be:
-
placed on probation
for up to three years
-
fined up to $2,000,
and/or
-
sent to jail for up
to six months.
With a restraining
order
If the person is
convicted of disobeying the terms of the restraining order, he may be:
-
fined up to $2,000
and/or
-
sent to jail (this
may be up to six months or up to two years, depending on the charge).
Sentencing
For both peace bonds
and restraining orders, the judge will choose the punishment based on the
particular circumstances of the case. Unless the circumstances are very
serious or he has a history of disobeying court orders, the judge will
usually not choose the maximum fine or sentence.
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Who can help
In Prince George call RCMP Victim
Services at 250-561-3329
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