Peace Bonds & Protective Orders (2023)

Abuse and Violence

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Peace Bonds & Protective Orders

A. Peace Bonds

A peace bond is a criminal court order undersection 810 of the Criminal Code. It is intended to prevent one person from harming another. You can also ask that the peace bond set out other specific conditions.

What conditions can be in a peace bond?
Here are a few examples of conditions thedefendant may be required to follow:

• not visit you at home or at work;
• not call you on the phone;
• not write you letters or send you messages;
• not contact children, parents or other family
• members;
• not drive by your house;
• not possess firearms or ammunition.

Against whom can I apply for a peace bond?
You can apply for a peace bond for protection against anyone you are afraid will harm you, yourfamily, or your property. The defendant couldbe your neighbour, an acquaintance, or a family member. The defendant may agree, or be orderedby the court, “to keep the peace and be of good behaviour”.

Can’t the Judge give me custody of thechildren?

Child custody is a family law matter. You should seek legal advice. If you cannot afford a lawyer, you should contact the New Brunswick Legal Aid Services Commission to see if you qualify for assistance. The contact information for the family legal aid offices is available on their website at:www.legalaid.nb.ca. If you are experiencing intimate partner violence and wish to get temporary custody or change your custody order to prevent the other parent from seeing the children, consider applying for an Emergency Intervention Order.

Can I see the defendant after I get the peacebond?

If no contact is a condition of the peace bond, you should not contact the defendant. It is an offence for the defendant to see you. If you must talk to him or her, first ask the Crown prosecutor or the police about how to change the conditions of the peace bond. You should carefully weigh getting the conditions of the peace bond changed – remember, it was put in place to protect you.

It is a crime to break anyof the conditions of the peace bond.

How do I get a peace bond?

Go to the nearest police or RCMP station. Tell the police why you want a peace bond. You must have a good reason to believe that you or your children might be harmed, or your property damaged. The police will ask you to give a statement in writing. Be as specific as possible about your fear. State what the other person is doing that frightens you and why. Be sure to mention any conditions that would make you feel safer.

Do I need a lawyer to get a peace bond?

No, you do not need a lawyer. A Crown prosecutor will receive your statement from the police. If it shows that you have reason to be afraid, the police will go before a Provincial Court judge to “swear an information”. Afterwards, the police will serve a summons or a promise to appear on the defendant. These documents will require the defendant to appear in court on a specific date.

What happens next?

When the defendant goes to court he or she can agree to sign the peace bond voluntarily. The applicant will not have to be there. Court officials will notify the applicant that the peace bond has been issued.

What if the defendant will not agree to signthe peace bond?

If the defendant will not agree to be bound by a peace bond, the judge must hold a hearing to decide whether to make an order for the peace bond. The court will summons both the applicant and the defendant to give evidence at the hearing.

What will happen at the court hearing?

The Crown prosecutor will ask you to take thestand. He or she will ask you questions about your fear for your safety under oath. The defendant will also have a chance to give evidence under oath. The defendant will explain why he or she does not agree with your reasons for feeling fearful. If the judge thinks you have a good reason to be afraid, she or he will issue the peace bond against the defendant. The judge will decide right away after listening to both sides. If the defendant does not show up, the judge can issue a warrant for his or her arrest. If the defendant refuses to sign the peace bond after it is ordered by a judge, he or she can go to jail for up to 12 months.

How long does it take to get a peace bond?

It can take a few months from when you first go to the police, until the peace bond is in place. The length of time depends on whether the defendant agrees to sign the peace bond or whether there will be a Hearing. How soon the hearing happens depends on the court schedule in your area. The hearing for the peace bond usually happens anywhere from 4 to 8 weeks after you contact the police. If you have concerns about your safety while you are waiting for a peace bond, be sure to have a safety plan in place.

How much does it cost to get a peace bond?

Nothing. Peace bonds are free.

How long will the peace bond last?

The peace bond can last for up to one year. To get another peace bond after that year, you must have new evidence of your fear that the defendant will harm you, another family member or damage your property.

Do I get a copy of the peace bond?

You will not get one automatically. You must ask the court for a copy. It is a good idea to get a copy and carry it with you at all times. Give a copy to your local police or RCMP. If one of the conditions of the peace bond is the defendant not contact the children, be sure to give officials at the school or daycare a copy.

What if I move or leave the province?

Generally, the police can enforce peace bonds anywhere across New Brunswick and the restof Canada. However, if you move or leave the province, you should carefully review the conditions of your peace bond. For example, the peace bond may restrict the defendant from coming within a certain distance of your home at a specific address. If you move to a new address, you may not have continued protection. If you are uncertain whether your peace bond will apply in your new location, consult your local police or the RCMP. The police and RCMP can only enforce the terms of a peace bond as written. If necessary, you may have to ask for a modification of the peace bond, which could involve another hearing.

Will the peace bond ensure my safety?

Peace bonds are not the perfect solution toensuring safety. The thought of having a criminal record may deter many defendants. However, the defendant may decide not to obey it or to try to harm you while you are waiting for the peace bond. Because peace bonds are court orders, they do make it easier for police to make an arrest if the defendant breaks a condition of the peace bond.

Remember, peace bonds are not a guaranteeof safety, so having a safety plan or strategy forstaying safe can help to increase your safety.

Will the defendant have a criminal recordif I get the peace bond?

No, a peace bond is not a criminal charge. If theperson named in the peace bond obeys all the conditions of the peace bond during its term, it will simply expire and nothing more will happen. But if the defendant breaks any condition of the peace bond, the police can charge him or her with a crime. If the court convicts a person of breaking the peace bond, he or she would have a criminal record. The person may get a fine, a jail term, or both.

What should I do if the defendant breaksthe conditions of the peace bond?

Call the police immediately. The police shouldlay charges because breaking a peace bond is a crime. The police can only enforce a peace bond if you let them know the defendant broke the conditions.

B. Civil Protective Orders

i. Restraining Orders - under theFamily Services Act

A restraining order is a protection order underthe New Brunswick Family Services Act. It is a family law order that is made in the Court of Queen’s Bench – Family Division. Unlike a peace bond that may apply to anybody you are afraid of, restraining orders must have a family connection.As well, a restraining order does not apply to property. The person you want an order against iscalled the “respondent”. The following orders are available:

• Section 128: A court can restrict the respondent from “molesting, annoying, harassing, or interfering with the applicant or any children in the lawful custody of the applicant…” An order under this Section applies only to persons who are legallymarried and living separate and apart. An application can be made on its own without being part of a custody or support application.
  
• Section 132: A court can order as part of a custody order that a person refrain from contacting the child and/or the person having custody or access to the child. The court can also order that the person specified inthe order not enter the premises where the child resides, even where that person owns the residence. Section 132 applies equally to married and unmarried persons.

Do I have to fear the other person to get arestraining order?
Not necessarily. You do not need to show fear ofharm to get a restraining order. Although you may request one because you are fearful after separating from a spouse, you can also use a restraining order to stop the other person from continuously annoying you, for example, by calling you repeatedly.

How do I get a restraining order?
To get a restraining order you will need to makean application to the Court of Queen’s Bench–Family Division. You do not need a lawyer to makethe application, but it is recommended. If you area victim of intimate partner violence, or if you aremaking or changing an application for support,you may be eligible for legal assistance with theNew Brunswick Legal Aid Services Commission.

What should I do if the person breaks acondition of the restraining order?
The general procedure when somebody disobeysa condition of a restraining order is to go backto court and ask the court to find the person incontempt. This is a civil order. A person who isfound in contempt by the court may be fined andin some cases sent to jail. Unlike peace bondswhich are under the Criminal Code, the policegenerally do not have the authority to enforcerestraining orders. However, the police will dealwith any behaviour that is of a criminal nature,such as threats to harm you or assaults. You mayneed to consider a peace bond or an EmergencyIntervention Order.

ii. Emergency Intervention Orders (EIO)

An Emergency Intervention Order (EIO) isan order under the Intimate Partner Violence Intervention Act. These orders are civil remedies that are granted on application of individuals experiencing abuse or violence in an “intimate personal relationship”. The Act defines an intimate personal relationship as:

• individuals who are, or have been, married to each other;
• individuals who are, or have been, in acommon-law relationship with one another; or
• individuals who are, or have been, in a dating or romantic relationship with each other even if they have never lived together.

What conditions may be in the EmergencyIntervention Order?
The order may contain a variety of temporaryconditions to enhance the safety of victims, suchas no-contact, temporary custody of the children,and temporary occupation of the family residence(apartment, house, mobile home, etc.) whilethe partner (respondent) must move out. Theseorders may last up to 180 days and are intendedfor situations where intimate partner violence hasoccurred or is likely to occur, and the situation isserious enough to require an immediate response.

What if either of us want to change or endthe conditions of the EIO?
If either or both parties wish to end or change (vary) the order, they can apply to do so within 21 days of the order being served on the respondent.Or they can apply at any time if there has been a material change in circumstances.

How do I apply for an EIO?
You must contact one of the following serviceproviders to assist you with the application:

• police officers
• victim services (both provincial Victim Services and police based victim/witness programs can assist their clients)
• transition houses
• second stage housing
• domestic violence outreach workers, or
• Department of Social Development socialworkers can assist their clients.

What if my partner breaks the conditions ofthe EIO?
EIOs are civil remedies so the violation of an orderdoes not result in a criminal record. Still, breaking the conditions set out in the order is serious. Penalties for violating an order may include fines between $500 and $200,000 or higher and jail. To enforce an EIO the applicant can call the police. The police can remove the respondent from the residence if there is an exclusiveoccupation provision. The police can also arrestthe respondent without a warrant for breachingthe order.

For moreinformation on these protective orders, see the publication calledEmergency Intervention Orders.

iii. Emergency Protection Orders (EPO) - for couples living on reserve

Emergency Protection Orders are civil remediesthat are made under theFamily Homes on Reserves and Matrimonial Interests or Rights Act. This federal Act gives legally married or common law partners living on a First Nation reserve rights and solutions for the use, occupation and possession of the family home at break up, or onthe death of a spouse or a partner. It also providesfor Emergency Protection Orders in situations offamily violence. Partner is defined as a commonlawpartner you have been living with on reserve for at least a year.

What conditions can be included in anEmergency Protection Order?
You can ask that the Emergency Protection Order include a provision that orders your partner to leave the family home on a reservefor up to 90 days and maybe longer. During theperiod your partner is out of the home, you canexplore options for dealing with family law issues,property division, support, and possibly finding asafe place to stay. You can also contact the policeto ask for criminal charges to be laid againstthe partner. Although most people follow courtorders, they are not a guarantee of safety.Even if you get an Emergency Protection Order,you should be careful and make a plan for yoursafety.

How do I apply for an EPO?
If the Act applies to you, you can apply to the Court of Queen’s Bench by way of Notice of Application and a Supporting affidavit.For more information on these forms, go towww.familylawnb.ca, and for more information onthe procedure for applying for an EPO, see ourpublication onEmergency Protection Orders.

What if my partner refuses to follow theEPO?
If the abusive partner does not follow the EPO,call the police and tell them you have an EPO that says your partner has to stay away from the family home. If your partner is still in the home, the police can remove him or her. The police will then investigate and can lay charges, which may result in a fine, a jail term or both.

C. No Contact Orders - under the Criminal Code

No contact orders can be issued for any crimewhere a victim or witness is involved. The order would state that the accused persons and offenders not communicate with the victim or go see the victim. This means that the person is not allowed to contact the victim by telephone, e-mail, text message, social media or any other way. The person is also not allowed to communicate with the victim indirectly by asking someone to pass along a message,unless the court has allowed for a third party tocommunicate on specific issues (for example:scheduling access time with children). A no contactcondition can require the accused person or offender to stay away from certain places, such as the victim’s home or workplace. This is one of the ways that the criminal justice system protects victims of crime.

How do I get a no contact order?
No contact conditions can happen at various times. The police might include no contact as a condition of an accused person’s promise to appear n court. No contact might be a condition on a bail order or probation. For certain offences, the Crown prosecutor will automatically ask for a no contact order, even if the victim has not. In some circumstances the judge is required by law to impose no-contact provisions. It is important for victims who want no contact conditions in place to tell the police or the Crown prosecutor. The information will be put into the police file. There are various times throughout the criminal justice process that non-contact conditions can be made.

What should I do if the accused breaks a no contact condition?
If a person breaks a no contact condition, thevictim should call the police immediately. Thevictim should also give the police anything thatmight help to prove that the condition wasbroken – for example, a text message or e-mailreceived by the victim. The consequence ofbreaking a no contact condition will depend onwhen in the criminal justice process it was made and by whom.

Only a court can remove a no contactorder. However, no contact cansometimes be varied. You should talk tovictim services or the Crown prosecutorabout this.

For more information,see the publicationAre you a Victim of Crime? You can ask for No-Contact with the Offender.

Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profitcharitable organization. Its goal is to provide thepublic with information about the law. PLEIS-NBreceives funding and in-kind support from thefederal Department of Justice, the New BrunswickLaw Foundation and the New Brunswick Office ofthe Attorney General.

This booklet does not contain a completestatement of the law in this area and laws changefrom time to time. Anyone needing advice onhis or her specific legal position should consult alawyer.

Published by:

Public Legal Educationand Information Serviceof New Brunswick
P.O. Box 6000
Fredericton, NB E3B 5H1
Tel.: 506-453-5369
Fax: 506-462-5193
Email:pleisnb@web.ca
www.legal-info-legale.nb.ca

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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.