Publication of Community Legal Education Association (CLEA) - 1995
Understanding the Law
Peace Bonds
and Restraining Orders
Table of Contents
Introduction
If you are living in fear of violence from a present or former spouse, boyfriend or girlfriend, there are court orders which can help you. These orders are meant to restrain the possible violent or harassing actions of someone against you. These orders
are often called "restraining orders", but there are actually several different types of orders. Each has its own name, application procedures and uses.
A court order by itself will not stop violence; it is not a "shield". Some people ignore court orders. If the terms of an order are broken or ignored by someone, that person can be arrested for breaching a court order. If you fear violence from another
person, however, you should also have a protection plan so that you know what you will do in a crisis. If you need immediate help to protect your safety, call the police, go to the nearest shelter, or call the crisis line at 942-3052 (in Winnipeg) or to
ll free at 1-800-362-3344 (in Manitoba).
Types of Court Orders
Peace Bonds
A peace bond is an order given by the criminal courts at the request of one person to try to control the possible violent behavior of someone else. You can apply for a peace bond if you are afraid another person is likely to cause personal injury to yo
u or your spouse or child or damage your property. You can apply for a peace bond on your own. There is no cost to apply.
How to Apply for a Peace Bond
- Ask to see a magistrate about a Peace Bond at the Provincial Court office nearest you. (In Winnipeg, 408 York Avenue) If your community does not have a Provincial Court office, go to your local RCMP detachment.
- Explain the details of your case to the magistrate, including the name and address of the person you fear. You may have to show some form of identification to prove your own name. Explain why you need a Peace Bond to protect you. The magistrate will d
ecide whether your application should go to court.
- If the magistrate decides to proceed, you will have to sign an information. This is your sworn statement that you fear for your safety, that of your family and/or your property. A subpoena will be sent by the court to the other person, requiring hi
m or her to appear in court and give his or her side of the story. If your case is urgent, tell the magistrate, and they will try to serve the subpoena as soon as possible.
The first court date may not be for several weeks.
- You must appear in court on the court date. If you are not there, your application will be dismissed. This means that no Peace Bond will be issued. If you still want one, you will have to apply all over again.
- At the first court hearing, if the other person agrees to the terms of the Peace Bond, the court will issue it immediately. If he or she does not agree, a date for a trial will be set. This trial may not be for several months, during which you have
no Peace Bond. You may also be asked to provide a written summary of why you fear the other person (called the "particulars") prior to the trial date.
- At the trial, you will have to present the court with evidence of the incidents causing you fear. Your own testimony, any written evidence or any witnesses you have will be helpful to prove your case. Tell the judge if you want any specific conditi
ons included in the Peace Bond, such as the person not being allowed to phone you or come to your workplace. It would probably be helpful for you to have a lawyer to do this, if you can afford one.
- The judge will issue a Peace Bond if he or she feels your fears are reasonable in the circumstances. A Peace Bond lasts only for up to one year.
- Go to the court office and get a certified copy of the Peace Bond. It is easier to have the police enforce the order if you can show them a copy of it, but you can still call them even if you have lost your copy.
- A Peace Bond application will not give you any protection until the order is issued by the court. Once you have a Peace Bond against someone, if that person bothers you again, you can call the police. He or she may be arrested for breaching the Pea
ce Bond.
Non-Molestation Orders
A Non-Molestation Order is an order for one spouse not to "harass, molest or annoy" another spouse. It is available if you are married to someone, or if you are or have been living with someone in a common law relationship and that person has been hara
ssing you. There is no cost to apply for it.
How to Apply for a Non-Molestation Order
- Fill out an Application for an Ex Parte Non-Molestation Order at your local Provincial Court office. You may have to show identification to prove who you are. Ex Parte means that the matter will be decided without giving your spouse advance notice of
your application.
- The order will be issued to you and will be in effect immediately. You will get the order on the same day you apply. Get a certified copy of the order to show police if you need it.
- Your spouse will be notified of the order after it is issued. He or she has the right to object to it at that time. If he or she files Notice of Objection in court, there will be a court hearing to decide if the order should stay in place. You will r
eceive a notice to come to this court hearing, and your choices then are: to go alone, to hire a lawyer to go with you, or to decide you'd rather not go, in which case the order will probably be removed. The order will stay in force unless the court decid
es it should be removed.
A Non-Molestation Order will only forbid your spouse from harassing you. It will not automatically prevent him or her from communicating with you or your children or from coming to your home.
- If your spouse harasses you, report it to police. Tell police that you have a Non-Molestation Order and show them a copy of it. He or she can be arrested and charged with breaching a court order.
Family Court Restraining Orders
If you are married or have been living in a common law relationship and your partner is harassing you, you can apply for a Restraining Order through the Family Courts.
This order is actually made up of two parts:
- a non-molestation order- for your spouse not to harass, molest or annoy you or your children;
- a prohibition order- for your spouse not to enter into any place that you are living.
Together, these two orders forbid your spouse from communicating with you or harassing you in any way.
How to Apply for a Restraining Order
You must apply for this type of order to a Family Court judge. It is a complex process, so you should hire a lawyer to help you with the procedures you will need to follow in court. If you cannot afford to hire a lawyer, apply for Legal Aid to see if y
ou qualify for their help.
- Your lawyer will prepare documents for your application and will file them in court. In most situations, your spouse must be notified of your application. He or she has the right to object to it. The matter will then go before a judge who will hear bo
th sides of the case and make a decision. In non-urgent cases, your spouse will be given 7 to 20 days to object to your application. To get to trial and have a judge make the final decision can sometimes take several months.
- In more urgent cases, you can apply for an interim, or temporary Restraining Order, which will stay in place until the final trial is held. Your evidence is presented to a judge by an affidavit, which is the written statement of the reasons you need t
he order. In most interim order applications, your spouse is entitled to be notified of your application and to object. The case would then be decided by a judge. This temporary order process is still much quicker than a trial, and can take only a few day
s.
- In emergency situations, a judge may agree to make an ex parte restraining order. This means that the judge will consider your case without notifying your spouse in advance. If the judge feels it necessary, a restraining order can be given first, and
then your spouse would be notified and given the chance to object. If he or she objects, a hearing will be held to decide if the order should stay in place. It is difficult to convince a court to give an ex parte order.
Sole Occupancy Orders
In some cases, the court can make an order that you have the right to continue living in the family home for the time being and that your spouse does not, even if the home is owned or leased in your spouse's name. You can apply for this order if:
- you are married, or
- you and your partner have been living in a common law relationship for at least a year and have a child together, or
- you and your partner have been living in a common law relationship for at least 5 years and you have been substantially dependent on him or her.
Applying for this court order through the Family Court can be a complicated process. You should get the help of a lawyer to represent you. If you cannot afford a private lawyer, apply for Legal Aid.
Community Resources
Some agencies which can help you are listed below.
Police (Winnipeg & Brandon) - 911
R.C.M.P. - see local listings for closest detachment
Winnipeg Crisis Line (for abused women) - 942-3052
Crisis Line (outside Winnipeg) - Toll Free: 1-800-362-3344
Osborne House (shelter) - 942-3052
Ikwe-Widdjiitiwin (shelter)
toll-free: 1-800-362-3344
Westman Women's Shelter
(Brandon) - toll -free: 1-800-862-2727
Pluri-elles - 233-1735
Elder Abuse Resource Centre - 942-6235
Klinic Inc. 24 Hour crisis line - 786-8686;
Sexual Assault Crisis Line - 786-8631
City of Winnipeg Social Services - 986-4301;
emergency night number - 945-0183
Legal Aid:
Winnipeg - 985-8500
The Pas - 623-6427
Dauphin - 638-8006
Brandon - 729-3484
Thompson - 778-6441;
toll-free: 1-800-665-0656
Law Phone-In & Lawyer Referral Service
Winnipeg - 943-2305
(outside Winnipeg) - toll-free: 1-800-262-8800
Winnipeg Police Victim Services - 986-6350
Women's Advocacy Program
Winnipeg - 945-6851
The Pas - 627-8483
Thompson - 677-6368
Brandon - 726-6515
Produced as public information by Community Legal Education Association, a non-profit community service providing legal information to Manitobans.This publication is intended as legal information only, not as advice. Every situation is
unique, and involves individual legal issues. If you want legal advice, call a lawyer. If you need help finding a lawyer, call our Lawyer Referral Service (943-2305) (1-800-262-8800 if phoning from outside Winnipeg).
CLEA is supported by
- The Law Society of Manitoba
- The Manitoba Law Foundation
- the Department of Justice Canada and
- Manitoba Community Services Council (lottery revenue)
Support for this publication was provided by
- the Manitoba Department of Justice
© 1995
Community Legal Education Association (Manitoba) Inc.
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Winnipeg, Manitoba R3C 0B9
(204) 943-2382
FAX 943-3600
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