Restraining and protection orders – Overview

There are many different types of restraining and protection orders which a court can make that orders one person to have no contact with another person. These are called 'non-contact orders.' If the other person disobeys these orders, there may be civil or criminal penalties.

If you are unsure of what type of order is best for you, talk to a lawyer.

Types of restraining orders

Emergency protection order (EPO)

when violence or threatening behaviour occurs between family members
must be a need for immediate protection
the police can obtain an EPO if they're investigating a domestic disturbance
can be used to remove an offender from their home and prevent their return
you can apply for an EPO from the Court of Justice without notice to the other party
an EPO must be reviewed by a judge within 9 working days
a judge can replace an EPO with a King’s Bench protection order

Get an Emergency Protection Order

King’s Bench protection order

the need may not be as urgent as the need for an EPO
application is done with notice to the other party
you can apply directly in the Court of King’s Bench for the order
the judge can also order that money be repaid if there were expenses because of the violence

Restraining order in family violence situations

applies to people who have lived together in a relationship
obtained in the Court of King’s Bench
the other party doesn’t need to be notified
a review date is set
you must be afraid for your physical safety
you must file a Restraining Order Application form
is not used to settle property disputes
is not to be used to settle parenting or custody disputes
there are no filing fees for a restraining order
you can often get the order within the same day
the restraining order is usually in place for 3 months or permanently, if necessary
if you disobey this order, you can be arrested

Get a Restraining Order

Restraining orders in other cases

apply to cases between neighbours, coworkers, those in dating relationships, parents and adult children
you have been threatened with violence or assaulted
file a Statement of Claim with the Court of King’s Bench
there are no filing fees
you must make a court application for the restraining order
you notify the other party
the restraining order is usually in place for 3 months or permanently, if necessary
if you disobey this order, you can be arrested

Get a Restraining Order

Exclusive home possession order

a temporary solution to help resolve disagreements about who shall stay in the home and who’ll move out
the decision is based on who’ll be most inconvenienced or what’s in the best interests of the children
violence does not need to be a factor
available to any separating couple (married or not married)
not to be used to divide up possessions
can be done on an ex-parte basis or on notice
can apply for exclusive possession of other assets (for example, a vehicle)
$200 filing fee applies if an action for division of property has not yet been started

Peace bond

a complaint is made to the police
requires an individual to have no contact with persons named in the order
requires an individual to stay away from specific locations
non-emergency situations
if you fear for your safety, then a peace bond can be ordered
the same procedure for both family and non-family individuals
accused is arrested and given a notice to appear in court
the peace bond doesn’t create a criminal record
if ignored, the person is charged with a criminal offence
a bond can be in place for up to a year
at court, the accused is asked if they will agree to a peace bond:
- if they agree, the bond is prepared for them to sign, and the matter is ended
- if they won’t sign, the matter is set for trial (several weeks or months later)

Bail conditions or criminal orders

when a person is arrested for violent or threatening crimes, their bail conditions usually state ‘no contact with the complainant’
if the person ignores the conditions, they could have their bail cancelled and spend the rest of their time awaiting trial in jail
when a person is convicted of a violent offence, the sentence often includes a term of probation
the probation order often includes a number of conditions