Applying for a Restraining Order
There are many different types of restraining and protection orders which a court can make that orders one person to have no contact with another person. These are called ‘non-contact orders.’ If the other person disobeys these orders, there may be civil or criminal penalties.
If you’re unsure of what type of order is best for you, talk to a lawyer.
Types of restraining orders
Emergency protection order (EPO)
- when violence or threatening behaviour occurs between family members
- must be a need for immediate protection
- the police can obtain an EPO if they’re investigating a domestic disturbance
- can be used to remove an offender from their home and prevent their return
- you can apply for an EPO from the Provincial Court without notice to the other party
- an EPO must be reviewed by a judge within 9 working days
- a judge can replace an EPO with a Queen’s Bench protection order
Queen’s Bench protection order
- the need may not be as urgent as the need for an EPO
- application is done with notice to the other party
- you can apply directly in the Court of Queen’s Bench for the order
- the judge can also order that money be repaid if there were expenses because of the violence
Restraining order in family violence situations
- applies to people who’ve lived together in a relationship
- obtained in the Court of Queen’s Bench
- the other party doesn’t need to be notified
- a review date is set
- you must be afraid for your physical safety
- you must file a Restraining Order Application form
- isn’t used to settle property disputes
- isn’t to be used to settle parenting or custody disputes
- there are no filing fees for a restraining order
- you can often get the order within the same day
- the restraining order is usually in place for 3 months or permanently, if necessary
- if you disobey this order, you can be arrested
Restraining orders in other cases
- apply to cases between neighbours, coworkers, those in dating relationships, parents and adult children
- you’ve been threatened with violence or assaulted
- file a Statement of Claim with the Court of Queen’s Bench
- there are no filing fees
- you must make a court application for the restraining order
- you notify the other party
- the restraining order is usually in place for 3 months or permanently, if necessary
- if you disobey this order, you can be arrested
Exclusive home possession order
- a temporary solution to help resolve disagreements about who’ll stay in the home and who’ll move out
- the decision is based on who’ll be most inconvenienced or what’s in the best interests of the children
- violence doesn’t need to be a factor
- available to any separating couple (married or not married)
- not to be used to divide up possessions
- can be done on an ex-parte basis or on notice
- can apply for exclusive possession of other assets (eg, a vehicle)
- $200 filing fee applies if an action for division of property hasn’t yet been started
Peace bond
- a complaint is made to the police
- requires an individual to have no contact with persons named in the order
- requires an individual to stay away from specific locations
- non-emergency situations
- if you fear for your safety, then a peace bond can be ordered
- the same procedure for both family and non-family individuals
- accused is arrested and given a notice to appear in court
- the peace bond doesn’t create a criminal record
- if ignored, the person is charged with a criminal offence
- a bond can be in place for up to a year
- at court, the accused is asked if they’ll agree to a peace bond:
- if they agree, the bond is prepared for them to sign, and the matter is ended
- if they won’t sign, the matter is set for trial (several weeks or months later)
Bail conditions or criminal orders
- when a person is arrested for violent or threatening crimes, their bail conditions usually state ‘no contact with the complainant’
- if the person ignores the conditions, they could have their bail cancelled and spend the rest of their time awaiting trial in jail
- when a person is convicted of a violent offence, the sentence often includes a term of probation
- the probation order often includes a number of conditions