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Government

Ministry of Justice

What are the differences between a peace bond and a restraining order?

Where to get one

  • You need to go to the police for a peace bond.
    Please note:
    In this province, if you go to the police because your spouse has hurt or threatened you, the police must - under BC's Violence Against Women in Relationships policy - recommend a criminal charge if there is enough evidence of a criminal offence. That means your spouse may be arrested, even if you only wanted a peace bond to keep him away from you.
  • You can apply for a restraining order in Provincial Court or Supreme Court without going through the police. (See If You Have to Go to Court for information on the Provincial Court application process.)

Lawyers, courts and costs

  • You do not need a lawyer to apply for a peace bond. The police will apply for you, and a lawyer employed by the government (Crown counsel) will handle your case in court.
  • You may go to either the Provincial Court or the Supreme Court to ask for a restraining order. If you are already in the process of applying for custody, guardianship, access or support the same court will handle your application for a restraining order. We recommend you talk to a lawyer to find out which court is most appropriate for you. A family justice counsellor can also provide you with information about the courts.
  • You may apply for a restraining order in either Provincial Court or Supreme Court with or without a lawyer (it is your choice), but we recommend a lawyer. You will be responsible for paying the lawyer's fees, unless you qualify for Legal Aid.
  • There are no fees to apply for either a peace bond or a Provincial Court restraining order. In Supreme Court, however, you will be required to pay a filing fee of approximately $200, unless you qualify for Legal Aid.

Time limits

  • A peace bond lasts up to one year only.  
  • A restraining order has no time limit, unless the judge for your case includes a specific expiry date.

Enforcement limits

  • While both peace bonds and restraining orders from BC can be enforced by police anywhere in BC, only a peace bond is guaranteed to be enforceable elsewhere in Canada.
  • A restraining order from BC will most likely not be considered valid in another province. If you move out of BC, you may have to apply for another restraining order in your new location.