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Government

Ministry of Justice

What should I do if my spouse does not follow the conditions of the protection order?

Call the police. Explain that you have a peace bond or a restraining order and that the person named in the order has not obeyed its conditions.

In most cases, particularly if you are in danger, the police will arrest the person and ask Crown counsel to lay a charge.

With a peace bond

A person who is found guilty of disobeying the terms of the peace bond may have a criminal record and may also be:

  • placed on probation for up to three years
  • fined up to $2,000, and/or
  • sent to jail for up to six months or up to two years, depending on the charge.

With a restraining order

A person who is convicted of disobeying the terms of the restraining order may be:

  • fined up to $2,000 and/or
  • sent to jail for up to six months.

(Please note: If a person disobeys the terms of a restraining order made in Supreme Court, the court has the power to punish the person for contempt by imposing a fine or jail.)

Sentencing

For both peace bonds and restraining orders, the judge will choose the punishment based on the particular circumstances of the case. Unless the circumstances are very serious or he has a history of disobeying court orders, the judge will usually not choose the maximum fine or sentence.