Protective Legal Remedies: Peace Bonds vs. Restraining Orders

Question: What options are available for obtaining a peace bond under the Criminal Code of Canada?

Answer:   Individuals experiencing fear for their safety can seek a peace bond under section 810 of the Criminal Code, which allows for legal protection without needing a family relationship.  Denali Paralegal Services offers support throughout the application process, ensuring that those in need receive accessible and effective representation in criminal court.

Restraining Order Concerns and the Criminal Code Pathway

Concerns related to personal safety, harassment, or fear of harm often prompt persons to seek protective legal measures.  In Ontario, such matters may fall under family court or criminal court jurisdiction, depending on the legal basis for the order sought.  The distinction between these forums affects the type of legal professional who may assist.  Persons seeking help from a Family Legal Services Provider (FLSP) paralegal may be surprised to learn that while family court restraining orders remain outside the current FLSP scope, alternative remedies under the Criminal Code may still be accessible with the support of a paralegal licensed under the Law Society of Ontario.

Understanding the Jurisdictional Framework

Ontario’s court system separates family law from criminal law.  Family court restraining orders, authorized under the Family Law Act or the Children's Law Reform Act, are issued through the Ontario Court of Justice or the Superior Court of Justice within the family division.  These orders are civil in nature and deal with relationships defined by marriage, cohabitation, or parentage.  Only licensees authorized for full legal representation in family court — such as lawyers — may represent parties in these proceedings.

In contrast, the Criminal Code of Canada provides a distinct pathway through section 810, allowing a person to request a peace bond when there is reasonable fear that another person may cause harm.  These applications are made in criminal court and can be pursued without requiring a pre-existing family relationship.  Paralegals authorized by the Law Society of Ontario, including those with FLSP credentials, are permitted to appear and represent persons in these matters.

Navigating Challenges in Protective Proceedings

Protective order proceedings present a variety of procedural and substantive challenges.  Persons unfamiliar with the legal distinctions between civil and criminal remedies may inadvertently pursue an unsuitable or unavailable legal path.  Access to legal support can also be impeded when persons are unaware of paralegal scope limitations, particularly in urgent or emotionally charged situations involving harassment, stalking, or threats.

• Jurisdictional Misunderstanding: Many persons do not understand that restraining orders issued in family court are distinct from peace bonds available in criminal court, leading to misdirected applications or unmet expectations.
• Scope Limitations of Legal Service Providers: While FLSPs are trained in family law processes, they remain limited in the proceedings they may represent, which excludes applications for family court restraining orders.
• Urgency and Emotional Stress: Persons seeking protection may act swiftly under emotional distress, without fully understanding procedural pathways or eligibility requirements for protective relief.

Scope of Paralegal Representation Through Criminal Court

Section 810 of the Criminal Code allows persons to seek peace bonds based on reasonable fear of personal harm, harm to a loved one, or damage to property.  This route does not require a family relationship and does not allege a criminal offence, but rather acts as a preventive measure.  Because these proceedings occur within criminal court, paralegals — including FLSP-certified paralegals — are authorized to provide legal representation.

Peace bonds may impose conditions such as staying away from specified persons or places, refraining from contact, or surrendering weapons.  Breach of a peace bond is a criminal offence.  While the remedy is distinct from family court restraining orders, it serves a similar protective function and may be a more accessible route for those needing immediate legal support.

Pathways Forward for Persons Seeking Protection

Persons experiencing fear of harm or unwanted contact may explore both family and criminal remedies.  When the matter qualifies for a family court restraining order — such as when involving a spouse, former partner, or co-parent — legal representation must be obtained from a lawyer.  Where no such family tie exists, or where the matter involves general fear for safety, an application for a peace bond under s. 810 may be appropriate and may be handled by an FLSP paralegal.

• Understanding Available Options: Persons should identify the nature of their relationship to the opposing party and the conduct causing concern to determine which legal route is available.
• Seeking FLSP Support: FLSP paralegals may guide persons through the peace bond application process and represent them in court, offering accessible and cost-effective legal services.
• Coordination with Other Legal Resources: In some cases, persons may need to consult both a paralegal and a lawyer to address various facets of their situation across jurisdictions.

Illustrative Example: Applying the Right Remedy

Consider a scenario where a person is repeatedly harassed by a neighbour and fears for their safety.  There is no domestic relationship, so a family court restraining order would be unavailable.  However, with sufficient evidence of fear, this person may apply for a peace bond under s. 810.  A licensed paralegal may assist with filing, appear in court, and argue for appropriate conditions.  This path provides lawful protection through criminal court, within the authorized scope of paralegal representation.

Conversely, a spouse experiencing domestic abuse would likely need a family court restraining order, which falls outside paralegal scope.  In that instance, legal support from a lawyer would be necessary.

Conclusion

Protective legal remedies differ significantly based on the legal relationship between the parties and the applicable court.  FLSP paralegals remain a valuable resource for those eligible to seek relief through criminal court via peace bonds, particularly when family court jurisdiction does not apply. Denali Paralegal continues to offer clear, informed assistance for persons navigating such matters.  Understanding these distinctions empowers persons to act decisively and lawfully when safety is at stake.