If you have been told that someone is seeking a peace bond against you, you may hear it described as a restraining order. While both types of orders can restrict contact and impose conditions, they are not the same thing. In British Columbia, a peace bond is a criminal law proceeding under the Criminal Code, while a protection order, sometimes referred to informally as a restraining order, arises under family law.
For someone facing a peace bond, that distinction matters. The court process is different, the conditions can have serious consequences, and breaching a peace bond can result in a separate criminal charge.
What Is a Peace Bond in BC?
A peace bond is a court order issued under section 810 of the Criminal Code. It requires the person named in the order to keep the peace and be of good behaviour for a set period, generally up to 12 months, and a judge can impose additional conditions depending on the circumstances.
A peace bond does not require a criminal conviction. In some cases, it may be proposed as a way to resolve an existing criminal charge without a finding of guilt. In others, an application may be brought because someone says they reasonably fear that another person will harm them, damage their property, or engage in other conduct covered by section 810. Because peace bonds are preventive, the court does not need to find that the person has already committed the feared offence before imposing a peace bond.
What Conditions Can a Peace Bond Include?
The conditions attached to a peace bond can significantly affect a person’s day-to-day life. Depending on the allegations and circumstances, they may include:
- No direct or indirect contact with a particular person
- Staying away from a person’s home, workplace, school, or other locations
- Not possessing weapons or firearms
- Abstaining from alcohol or drugs
- Attending counselling or treatment
- Reporting to a probation officer or complying with other behavioural restrictions
The proposed conditions should not be treated as a formality. Before agreeing to a peace bond, it is important to understand exactly what each condition requires, how long it will remain in place, and whether the wording is broader than necessary.
Is a Peace Bond the Same as a Restraining Order?
No. In British Columbia, what people commonly call a restraining order is generally a protection order under section 183 of the Family Law Act. Protection orders are generally used in family-law situations involving spouses, former spouses, and other people who fall within the Family Law Act’s definition of a family member.
A peace bond, on the other hand, can arise between people who have no family relationship at all. An application may involve a former partner, neighbour, coworker, acquaintance, or another person. For someone facing a peace bond, the key point is that the matter is proceeding under the Criminal Code, not as a family-law dispute.
What Happens If Someone Applies for a Peace Bond Against You?
Being named in a peace bond application does not automatically mean the order will be made exactly as requested. Depending on how the matter proceeds, the person named in the application may have the option to consent to a peace bond, negotiate the proposed conditions, or contest the application and have the matter heard by a judge.
If the application is contested, evidence can be presented and the court will determine whether the legal requirements for a peace bond have been established. The judge will also decide what conditions, if any, are appropriate. This can be particularly important when the proposed terms include broad no-contact provisions, restrictions on where someone can go, weapons prohibitions, or other conditions that could affect employment, family relationships, or everyday activities.
Does Agreeing to a Peace Bond Mean You Are Pleading Guilty?
No. Entering into a peace bond is not the same as pleading guilty to a criminal offence and does not, on its own, result in a criminal conviction. That distinction is one reason peace bonds are sometimes used to resolve criminal charges.
However, agreeing to a peace bond still means accepting a legally enforceable court order. Once the order is in place, every condition must be followed for the duration of the bond, so the fact that a peace bond does not create a criminal conviction should not be mistaken for the order having no legal consequences.
What Happens If You Breach a Peace Bond?
Breaching a condition of a peace bond can result in a separate criminal charge under section 811 of the Criminal Code. That means someone who originally entered into a peace bond without receiving a criminal conviction could later face criminal prosecution if they are alleged to have violated one of its conditions.
A conviction for breaching the peace bond can result in a criminal record. This is why vague or overly broad conditions can create problems. A no-contact term, for example, may need to address indirect communication, shared workplaces, mutual friends, children, or unavoidable contact depending on the circumstances. Understanding the wording before the peace bond is finalized can help reduce uncertainty later.
Can You Challenge or Negotiate a Peace Bond?
A person named in a peace bond does not necessarily have to accept every condition initially proposed before the peace bond is entered. Depending on the circumstances, a criminal defence lawyer may be able to challenge whether a peace bond is warranted, negotiate narrower conditions, address practical problems with the proposed wording, or represent the person at a hearing.
The appropriate approach will depend on the allegations, the evidence, whether there are related criminal charges, and the restrictions being requested. The important point is that the terms of the order can have consequences well beyond the day someone appears in court.
Why Getting Legal Advice Early Matters
A peace bond may appear less serious than a criminal charge because entering into one does not amount to a conviction. However, the conditions can still restrict where a person goes, who they communicate with, whether they can possess weapons, and how they conduct themselves for months.
There may also be longer-term considerations involving police records and background checks, particularly where a peace bond is being proposed as part of the resolution of a criminal charge. Getting legal advice before agreeing to the order can help someone understand what they are accepting and whether the proposed conditions are necessary and workable.
Speak With a Criminal Defence Lawyer
If you are facing a peace bond in British Columbia, it is important to understand both the immediate restrictions being proposed and the consequences of agreeing to them. A criminal defence lawyer can review the allegations, explain your options, negotiate proposed conditions where appropriate, and represent you if the application is contested. Contact Michael Shapray for a confidential consultation, or review Michael Shapray’s assault and threats case results to learn more about the types of allegations he has defended.