How to Apply for a Peace Bond in Ontario

Related Articles

If you are a resident of the province of Ontario and fear that you are about to be the victim of a crime, you may petition for a peace bond to be taken out against the potential perpetrator. A peace bond requires an individual to pay a sum of money to the Court of Justice, refrain from criminal activity and to avoid communicating with the potential victim for a period of time not to exceed 12 months. A person who violates a peace bond may be subject to fines and arrest.

Step 1

Determine whether you have standing to apply for an Ontario peace bond. Under Ontario law, individuals only may apply for a peace bond if they have a reasonable concern that they or a member of their family will be the victim of violence, destruction of property or a sexual assault.

Step 2

Visit your local police station or Provincial Court in Ontario and fill out a peace bond application. An application for an Ontario peace bond only may be obtained from an Ontario police station or Provincial Court. You will need to provide your name and address, as well as the name and address of the person you wish to take out a peace bond against. You also will need to provide a statement of the facts giving rise to your reasonable fear that you will be the victim of violence, destruction of property or sexual assault.

Step 3

Present the completed forms to an Ontario Justice of the Peace. You may make an appointment with the local Justice of the Peace by calling ahead of time. An Ontario Justice of the Peace will review your peace bond application and determine whether it merits a hearing. If your peace bond application merits a hearing, the Justice of the Peace will sign the application and issue a summons. You also will be assigned a court date.

Step 4

Serve notice of the summons on the other party. The police department in the town where the person you wish to take out a peace bond lives, or a private process server, will serve a copy of the summons, usually for a fee between Canadian $20 and Canadian $100 (costs as of 2011).

Step 5

Attend court on your court date. At your hearing, you may choose to retain an attorney to represent you. The Crown Attorney will not represent you at a peace bond hearing. Explain to the judge your reasons for wanting a peace bond taken out, as well as any evidence supporting your suspicion that you may be the victim of a crime of violence, destruction of property or sexual assault. The judge will determine whether a peace bond will be granted.