Obtaining Peace Bonds: New Brunswick Process

If you are in New Brunswick and are afraid that someone will harm you, your family, or your property, you can apply for a peace bond. A peace bond is a court order that sets out specific conditions to protect your safety or that of your property. It can be ordered when there is a reasonable fear that someone will cause personal injury to you or your family, damage your property, or commit a sexual offence. A peace bond is not a criminal conviction, but breaching any of its conditions is a crime.

Who can you apply for a peace bond against?

In New Brunswick, you can apply for a peace bond against anyone you are afraid will harm you, your family, or your property. The defendant could be your neighbour, an acquaintance, or a family member.

You can also apply for a peace bond against an intimate partner such as a spouse, common-law partner, boyfriend/girlfriend, or an ex-partner. In the case of intimate partner violence, you may also apply for an Emergency Intervention Order, which is a civil protection order.

Sometimes, both parties claim that the other person is the aggressor and should be keeping the peace. Although this is not common, the courts will sometimes issue "dual" peace bonds, requiring both parties to keep the peace and be of good behaviour towards one another.

What conditions can be included in a peace bond?

A peace bond is a court order under section 810 of the Criminal Code that requires the defendant to "keep the peace" for a certain length of time and to obey any other conditions of the peace bond. A peace bond is a protection order made by a court, usually issued when the Crown Prosecutor is convinced that a strong case does not exist against the accused. A peace bond does not cost anything, and a person can get one without a lawyer.

• Not possessing any weapons or ammunition
• Staying away from a particular person or place, such as the victim's home or workplace
• Not contacting the victim, their spouse or common-law partner, or their child
• Abstaining from the consumption of non-prescription drugs and alcohol
• Not driving by the victim's house
• Not writing letters, calling, or sending messages to the victim
• Not contacting children, parents, or other family members of the victim

These conditions are designed to prevent the defendant from committing harm to the victim, their spouse or common-law partner, their child, or from damaging their property. It is important to note that peace bonds are not a guarantee of safety, and victims should have a safety plan or strategy in place to ensure their protection.

What to do if you need to change the conditions of a peace bond?

If you need to change the conditions of a peace bond, you must contact the Crown's office and the courthouse to coordinate scheduling and place the file back in front of the judge who put the peace bond in place. It is beneficial to have the Crown agree with the proposed amendment, as this will make it more likely that the amendment will be granted.

If you are the defendant and you breach any of the conditions of the peace bond, it is considered a separate criminal offence and you could face additional charges and prison time, depending on the severity of the violation. Breaching a peace bond will result in a criminal record.

If you are the person who requested the peace bond and you decide you want to see the defendant after it is in place, you can ask the police or Crown Prosecutor to change the peace bond to allow the defendant to make contact with you. Do not invite the defendant to see you unless the peace bond has been changed or has expired.

What is the difference between a peace bond and a restraining order?

If you are afraid for your safety, or for the safety of your children, you can apply for a restraining order or a peace bond. However, there are some key differences between the two.

A peace bond is a criminal court order under section 810 of the Criminal Code. It is intended to prevent one person from harming another person, their family, or their property. A peace bond can be applied for at no cost and without a lawyer, and is enforceable by police across Canada. To obtain a peace bond, you must have a good reason to believe that you, your children, or your property might be harmed by the defendant. The police will ask you to give a statement in writing, and if they believe you have reason to be afraid, they will go before a Provincial Court judge to "swear an information". The defendant will then be served a summons or a promise to appear in court, where they can agree to sign the peace bond voluntarily. If the defendant does not agree, a hearing will be held, and the judge will decide whether to issue the peace bond. A peace bond can last for up to one year, and breaching any of its conditions is a crime.

A restraining order, on the other hand, is a family law order made under the Family Services Act. Unlike a peace bond, a restraining order must have a family connection and does not apply to property. A restraining order can restrict the respondent from "molesting, annoying, harassing, or interfering with the applicant or any children in the lawful custody of the applicant". It is important to note that a restraining order does not require the applicant to show fear of harm, and the police generally do not have the authority to enforce it. To obtain a restraining order, an application must be made to the Court of Queen's Bench-Family Division, and it is recommended to seek legal advice.

In summary, the main differences between a peace bond and a restraining order are the types of protection offered, the relationship between the applicant and the defendant, the court and legal processes involved, and the enforcement authorities. When deciding between a peace bond and a restraining order, it is important to consider your specific circumstances and seek appropriate legal advice.

How long does it take to get a peace bond?

The length of time it takes to get a peace bond depends on whether the defendant agrees to sign the peace bond and whether there will be a hearing. If the defendant agrees to sign the peace bond, the applicant will not have to be there. However, if the defendant does not agree to be bound by a peace bond, a hearing will be held to decide whether to make an order for the peace bond.

The hearing for the peace bond usually takes place anywhere from 4 to 8 weeks after you contact the police. It can take a few months from when you first go to the police until the peace bond is in place. How soon the hearing happens depends on the court schedule in your area.

If you have concerns about your safety while you are waiting for a peace bond, be sure to have a safety plan in place.

Frequently asked questions