Introduction:
When conflict turns into fear, whether in a relationship, between neighbours, or within a family, safety becomes a priority. In Alberta, people hear about restraining orders and peace bonds, but few understand the difference. Both are meant to keep people safe.
Table of Contents
Different Types of Protection:
Restraining orders and peace bonds sound similar, they can restrict contact, they can keep someone away from you, and both are issued by a court. But the process is very different. A peace bond usually results from charges in the criminal court system, while a restraining order is a civil court order, usually as an EPO under Alberta’s Protection Against Family Violence Act or a civil restraining order if the parties are not in a family.
What Is a Peace Bond?
A peace bond is a court order that requires a person to keep the peace and be of good behaviour. Peace bonds usually last for 12 months and violating one can be a criminal offence that can lead to charges. They are often used to resolve criminal charges. For example, the Crown agrees to withdraw charges in exchange for the accused entering into a peace bond and agreeing not to contact the complainant or doing counselling.
What is an Emergency Protection or Restraining Order?
A restraining order is a civil remedy. It’s about personal safety and setting boundaries.
In Alberta, there are two main types:
- Emergency Protection Orders (EPO): for situations of family violence. These can be granted quickly, even outside normal court hours, and are enforced by police once served.
- Civil Restraining Orders: orders that can apply to anyone, including former friends, neighbours, or co-workers, not just family members.
Restraining orders will set certain limits: no contact, no visiting specific addresses, no posting about you online, or no indirect communication through others. Because they are civil orders, violations are usually handled by being found in contempt of the civil court but violating EPOs bring provincial charges under the Protection Against Family Violence Act and the Criminal Code does have an offence for disobeying a court order.
How They Differ in Alberta:
Although both peace bonds and restraining orders are designed to protect individuals from harm, they arise from different laws, courts, and procedures. In short, a peace bond mainly comes from the criminal side of the law, while restraining orders are civil remedies focused on safety and boundaries. Both are helpful but also quite different.
Which One Affects Your Situation?
Police often ask casually, but it is serious. Saying “yes” will give them a justification to search without a warrant, and what they find could be used against you. Consent must be truly voluntary, not pressured or presumed. If you feel intimidated or unsure, you can say “I do not consent to a phone search without a warrant.” Then, it is put on the record.
How Courts Balance Privacy and Public Safety:
If you are in real danger of violence from a family member, an Emergency Protection Order is usually the fastest and strongest safeguard. If your situation involves fear but no significant criminal aspect after a dispute with a neighbour or former co-worker, a civil restraining order is appropriate.
Peace bonds are used in criminal cases where an accused person is hoping to avoid a conviction while addressing the Crown’s safety concerns when facing charges and the Crown agrees that a peace bond will serve the public interest and safety. If a situation involves a reportable criminal offence, you can make a report to the police
who would decide whether to proceed with formal criminal charges or not.
Restraining orders are sought when you need ongoing protection but there’s no real significant criminal element to it. For example, in neighbour disputes or wanting to remain separated from a former friend or co-worker who has started to cross lines.
When to Speak with a Lawyer:
A lawyer can help you with initiating and defending you in proceedings:
- Prepare necessary paperwork and evidence.
- Represent you in civil court hearings.
- Defend you against criminal charges.
At Shim Law, our lawyers can work across family and criminal law to ensure both aspects are handled properly.
Final Word:
Whether you’re trying to protect yourself or disputing an order or charges against you, it’s vital to understand how Alberta’s legal system handles matters of personal safety. Before acting, get legal advice. If you’re in Alberta, speak to a lawyer at Shim Law today. Clarity and understanding can bring peace of mind when seeking or defending an order.
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