Table of Contents
Urgent Notice
If you are in immediate danger, call 911.
If you need abuse-related support:
- Assaulted Women’s Helpline (Ontario):
1-866-863-0511, TTY1-866-863-7868, available 24/7 in over 200 languages - National Domestic Violence Hotline (U.S.): call
800-799-SAFE (7233), textSTARTto88788, or visit thehotline.org
This article is for informational purposes only and does not constitute legal advice. The correct protective order depends on your circumstances, the court involved, and the urgency of the risk.
People often use the phrase “restraining order” to mean any legal order that keeps someone away. In Ontario, that can create confusion because a restraining order and a peace bond are not the same thing.
The Basic Difference
At a high level:
- a restraining order usually comes from the family or civil side
- a peace bond comes from the criminal side
They may look similar on the surface because both can restrict contact, attendance, or communication, but they arise from different legal systems.
Restraining Orders
Restraining orders are often sought in family-law situations involving current or former partners and sometimes parenting-related disputes.
They can be tailored to prohibit:
- contact
- communication
- attendance at a home, workplace, or school
- other threatening or harassing conduct
The protected person usually has to apply through the appropriate family-court process.
Peace Bonds
A peace bond is a criminal-court order, often under section 810 of the Criminal Code.
It may require someone to:
- keep the peace
- be of good behaviour
- avoid contacting or approaching the protected person
- obey additional conditions
In domestic cases, peace bonds often arise as part of a criminal resolution rather than as a stand-alone family-law step.
Key Practical Differences
The main differences usually include:
- which court handles it
- who applies
- what legal test is being used
- how the order gets enforced
- whether there is a related criminal case already underway
When a Restraining Order May Be More Relevant
A restraining order may be the better path where:
- there is no active criminal case
- the issue is unfolding mainly through family court
- parenting, separation, or the family home is already before the court
When a Peace Bond May Be More Relevant
A peace bond may be more relevant where:
- there is already a criminal proceeding
- the Crown and defence are discussing a non-conviction resolution
- the parties need a criminal-court protective framework
Can Both Exist at Once?
Yes. In some cases, someone may be dealing with:
- criminal bail or peace-bond conditions, and
- a family-court restraining order
That is one reason it is important not to assume that one order fully replaces every other legal issue.
Which One Should You Ask About?
That depends on where your situation is legally.
If the issue is tied to an active domestic criminal case, start by understanding the criminal process and the existing release conditions.
If the problem is part of separation, custody, or family-court litigation without an active criminal route, the restraining-order path may be more relevant.
If you are also trying to leave an abusive situation safely, our safety-planning guide should be your first read. If the criminal route may end in a peace bond, our Section 810 guide explains that option in more detail.
This article is for informational purposes only and does not constitute legal advice. Protective orders should be assessed based on your facts, the risk level, and the court process already in motion.
FAQ
Questions first-time buyers ask before closing
These are some of the most common questions people ask when they need legal protection from a current or former partner.
Are restraining orders and peace bonds the same thing?
No. They come from different courts, are obtained through different legal processes, and serve overlapping but distinct purposes.
Which court issues a restraining order?
Restraining orders generally come from family court or another civil process, depending on the situation.
Which court issues a peace bond?
A peace bond comes through the criminal process under section 810 of the Criminal Code.
Can someone need both?
Yes. In some situations, both a peace bond and a family-court restraining order may be relevant.
Do you need criminal charges to seek every kind of protection?
No. Some protective family-court remedies are available even when no criminal charge has been laid.
Legal Disclaimer
This blog is for informational purposes only and does not constitute formal legal advice or establish a solicitor-client relationship. Reading this post does not replace obtaining advice from a licensed lawyer about your specific matter.