If the police officer agrees that your fears are reasonable, they follow a process that usually leads to your partner being told that they’re facing a criminal process. They may be taken into custody.

Your partner will have to attend court to respond to the peace bond application. If your partner agrees to the peace bond, a judge will order it, and they have to follow the conditions in it. If your partner doesn’t agree to the peace bond, a court date for the application will be set.

You’ll be contacted by Crown counsel who will guide you through the steps. The Crown counsel isn’t your personal lawyer — they’re employed by the Ministry of Attorney General and act as prosecutors on behalf of society as a whole. You don’t have to pay Crown counsel for their work.

Ask the police why they didn’t agree and make a note of what you can do differently next time to get the protection you need. A victim service worker may be able to help you contact police to get more information in this situation. If possible, apply for a family law protection order right away.

If you want to try to apply for a peace bond on your own, you can talk to a lawyer or a justice of the peace at your nearest courthouse. However, applying on your own is very unusual and can be complicated.

Stay connected to the police

Make sure the police have your current phone number, address, and email address, or the number of a contact person who can reach you. The police will try to let you know when your partner is released from custody.

Ask a victim service worker or court staff to help you get a copy of the release conditions, and keep the copy with you at all times. If your partner breaks any of the conditions, contact the police immediately by calling 911.

If your partner doesn’t agree to ​“enter into” the peace bond, there will be a hearing.

The Crown counsel office will let you know the date of the hearing and will schedule a short interview with you before you go to court. At that interview, you’ll be able to tell Crown counsel (also called the Crown) what conditions you’d like in the peace bond. For example, you may ask that the peace bond says that your partner can’t have contact with you and/​or your children, or that your partner only be allowed to contact you and/​or your children indirectly, through a friend or relative. A peace bond can include an order not to use drugs or alcohol or not to have firearms or weapons. The judge makes the final decision about what conditions will be in the peace bond.

At the court hearing, the Crown will present the case for why a peace bond is needed, and call you as the main witness to testify. The Crown will ask you to explain to the judge why you’re afraid of your partner and what’s happened to make you feel this way.

The Crown is allowed to call other witnesses to support your request for a peace bond.

Your partner, or their lawyer if they have one, is allowed to ask you and other Crown witnesses questions during the hearing. Your partner can also testify about their own version of the events and call their own witnesses. If you don’t want your partner to be able to ask you questions, ask the Crown to appoint a lawyer to cross-examine you instead.

If the judge decides that you have reasons to be afraid, the judge will order your partner to enter into and sign the peace bond. The peace bond will contain the list of conditions that your partner must obey and the date the peace bond will expire. The peace bond can last up to one year. The judge may ask your partner to deposit a certain amount of money to make sure they keep their promise to obey the conditions.

Once the peace bond is in place, ask the court staff, Crown counsel, or a victim service worker for a copy and read it carefully to make sure you understand the conditions. If you need any help, or would like to make a safety plan, it’s a good idea to contact a victim service worker. To find the victim service program nearest you, contact VictimLinkBC. Call or text 1-800-563-0808, or email VictimLinkBC@​bc211.​ca.

The court staff will send the peace bond to the Protection Order Registry, but it’s still a good idea to keep a copy with you.

If the peace bond mentions your children, give a copy of the order to anyone who takes care of them when they aren’t with you, such as their teachers, child care providers, coaches, or other instructors. Tell them to call the police if your partner doesn’t follow the conditions in the peace bond.

Call 911 right away. (If your community doesn’t have 911 service, call your local police emergency phone number.) Remember that the police can enforce all peace bonds. Explain that you have a peace bond and that the person named in the peace bond isn’t obeying its conditions.

It’s a crime to not obey the terms of a peace bond. In most cases, particularly if you’re in danger, the police will arrest your partner and ask Crown counsel to charge them with a criminal offence for breaching peace bond. If your partner is found guilty of not obeying the terms of the peace bond, they’ll have a criminal conviction on their record and may be: 

• put on probation,
• fined up to $5,000, and/​or
• ordered to serve time in jail for up to two years.

The judge will choose the punishment based on the details of the case and whether your partner has a criminal record and a history of not obeying court orders. Unless the circumstances are very serious or your partner has a history of not obeying court orders, the judge won’t usually order the maximum sentence.

Once the peace bond is signed, the person named in it must follow its conditions. If your partner doesn’t, they’re breaking the law. A ​“no contact” condition means that your partner can’t contact you even if you want them to (unless a judge changes the peace bond). For example, if you invite your partner to meet with you, they might be arrested. (However, you can’t be charged with a crime for contacting your partner because the order wasn’t made against you — it’s for your protection.)

Remember that the peace bond was put in place to protect you. Before you make any changes, talk to a victim service worker about how this could affect your personal safety. If you still want to change the peace bond, contact Crown counsel. The decision is up to the judge who will consider your wishes.

A peace bond made in BC can be enforced by police anywhere in Canada. Visit the police in your new province, show them a copy of the peace bond, and tell them about your situation. Through a Canada-wide computer system, the police in any province or territory can check the conditions in the peace bond and enforce it.

If your partner follows everything the peace bond says, the peace bond will end, and nothing more will happen. A peace bond isn’t a criminal offence and your partner won’t have a criminal conviction for entering into the peace bond.

A peace bond lasts for up to one year and then it ends. If you still fear for your safety and want to apply for another peace bond, speak to the police. To get a new peace bond, a judge has to decide that it’s still reasonable for you to fear for your safety and/​or the safety of your children or current partner. If your partner has not followed the conditions set out in the peace bond during the year, the court will consider this in deciding whether to order a new peace bond. This is why it’s important to report all breaches of the peace bond or at least keep a diary of all the breaches with as many details as possible.

If you’re still afraid for your safety, talk to a lawyer or legal aid about getting a family law protection order. You can apply for a family law protection order while the peace bond is still in effect. Remember that you can also talk to a victim service worker about your situation and that they can help you with safety planning.