Protection Orders – Part 1: How to Protect Yourself
Updated Dec 2013
Are you afraid of someone?
If someone’s actions are making you feel unsafe, even if that person is a friend or a family member, there are both personal and legal strategies that you can use to protect yourself. There are laws to help protect you if someone makes you feel threatened because he or she:
How can the legal system help?
If you are afraid of another person, you can try to get a Protection Order (also called a No Contact Order) to protect yourself. An Order is a decision by a judge that puts restrictions on someone’s behaviour. Orders are legally binding, which means they have to be followed.
You can get a Protection Order from a judge, or justice of the peace. There are different types of Protection Orders. Depending on the type of Order, a Protection Order can say that the person who is scaring you cannot:
It is important to remember that Protection Orders only work if the abuser follows the Order. These Orders are not criminal charges, but it is a crime to disobey a Protection Order. A Protection Order can be an important piece of a safety plan, but it is not a guarantee that you will be safe.
What are the different types of Protection Orders?
There are three different types of Protection Orders available:
Restraining Order: A Restraining Order is a legal Order from the family court system that says that a person cannot do certain things, such as contact you or come near you or your children. In Ontario, you can get a Restraining Order against a person you are or were married to or a partner or former partner that you have lived with. It does not matter how long you lived with the person. If the person disobeys the Restraining Order, he or she may face criminal charges or be forced to pay a fine.
Peace Bond: A Peace Bond is a signed promise to be on good behaviour and can put restrictions on a person’s behaviour. It is similar to a Restraining Order. But, a Peace Bond is from the criminal court system. You can get a Peace Bond against anyone that you are afraid will harm you, your family or your property. It can say that a person cannot contact you, come near you and/or carry a firearm etc. Peace Bonds can only be issued for up to one (1) year. If the person breaks the Peace Bond, he or she may face criminal charges or be forced to pay a fine.
Bail Conditions or 'Terms of Release': Bail Conditions (also called 'Terms of Release') are another type of Court Order that puts restrictions on a person’s behaviour when they are released from police custody into the community. Bail Conditions can be used to help protect you from someone who is getting out of jail, either on bail before a trial, or on probation after serving jail time.
Once I get a Protection Order, how can I stay safe?
One strategy is to make a safety plan using both public resources and help from individuals you trust. Here are just a few suggestions:
Who can I contact for help or for more information?
Justice of the Peace
For more general information on when you may need a protection order, how to stay safe, Restraining Orders, Peace Bonds, and Terms of Release, please see the other four parts of this series.