Peace Bonds in BC

If you are in immediate danger, call 911 now. This page is for when you are safe and weighing your options.

What Is a Peace Bond?

A peace bond is a preventive order under section 810 of the Criminal Code. It is a promise, made to a criminal court, to keep the peace and be of good behaviour, usually with conditions attached, such as staying away from a person or place. It is available when someone fears on reasonable grounds that another person will cause personal injury to them, their intimate partner, or their child, or will damage their property. It sets rules for the future rather than deciding guilt for something in the past.

People in family situations often hear about peace bonds and protection orders in the same breath and wonder which one they need. They come from different legal systems, and the differences matter. SiLaw Group Family Lawyers is a family law firm in South Surrey, serving clients in English and Punjabi, and this page explains both so you can have an informed conversation. What you tell us stays confidential, from the first call onward.

Call (778) 381-9977 or Book Now for a Free Consultation.

How a Peace Bond Works Under Section 810

The process starts with an information laid before a justice, by or on behalf of the person who fears harm. In practice, this usually begins with a report to the police. The justice then causes both people to appear in court. If the court is satisfied, on the evidence, that the fear is held on reasonable grounds, it may order the other person to enter into a recognizance, the formal name for the peace bond, to keep the peace and be of good behaviour for a period of not more than 12 months (section 810(3)).

The court can attach conditions. The Criminal Code specifically directs the court to consider a weapons prohibition (section 810(3.1)), and to consider conditions prohibiting the person from being at or near places where you, your intimate partner, or your child are regularly found, and from communicating with you directly or indirectly (section 810(3.2)). The court may also add any reasonable conditions it considers desirable, such as abstaining from drugs or alcohol (section 810(3.02)). Someone who refuses to enter into the recognizance can be committed to prison for up to 12 months (section 810(3.01)), and either side can later apply to vary the conditions (section 810(4.1)).

How Is a Peace Bond Different From a Protection Order?

Both aim at safety, but they are built differently.

Different systems. A peace bond comes from the criminal courts under the Criminal Code, a federal law. A protection order comes from the family courts under Part 9 of British Columbia's Family Law Act. Our clear guide to family protection orders in British Columbia covers the protection order side in full.

Who they cover. A peace bond can be sought against any person you reasonably fear, whatever your relationship. A protection order under the Family Law Act is only available against a family member, a defined term that covers spouses and former spouses, people you live with or lived with in a marriage-like relationship, a parent or guardian of your child, certain relatives who live with you, and children.

How long they last. A peace bond runs for not more than 12 months. A protection order expires one year after it is made unless the court orders otherwise, and it can be extended on application before it expires.

Who carries the process. A peace bond proceeds in the criminal system, ordinarily with police and Crown counsel involved. A protection order application is yours: you bring it in family court, on your own evidence and timeline, and it can be brought without any other family law case attached.

What happens on a breach. Both are backed by criminal consequences. Breaching a peace bond is an offence under section 811 of the Criminal Code, carrying up to four years in prison when prosecuted by indictment. A breach of a Family Law Act protection order is also dealt with through the criminal process, as an offence of disobeying a court order under section 127.

Can You Have Both at the Same Time?

Yes. The two orders come from separate systems and can exist side by side. The Family Law Act says so in practical terms: a court may make a protection order regardless of whether criminal charges have been or may be laid (section 184(4)), and where a Criminal Code order restricting contact conflicts with another family law order, the Act suspends the other order to the extent of the conflict (section 189). In BC, safety measures from the two systems are designed to work together rather than cancel each other out.

Which One Fits Your Situation?

There is no single answer, but some patterns help. If the person you fear is not a family member under the Family Law Act, for example someone you dated but never lived with, the peace bond route may be the one available. If the person is a family member, a protection order lets you put tailored terms before a family court yourself, and it can sit alongside parenting arrangements and the rest of a family law file. Many people in the middle of a separation need the family court route, the criminal route, or both at different moments; the honest answer depends on your facts.

SiLaw Group practises family law only. We handle the family law side, including protection orders and everything connected to your separation, and we work alongside the criminal process, coordinating with police, Crown counsel, or your criminal defence lawyer where your matters overlap.

Frequently Asked Questions

How Long Does a Peace Bond Last in BC?

Not more than 12 months (Criminal Code, section 810(3)). If the fear continues after it expires, a new application can be considered, and the family law route may also be open if the person is a family member.

Is a Peace Bond Only for Family Members?

No. Section 810 applies to any person you fear on reasonable grounds, whatever the relationship. It is the Family Law Act protection order that is limited to family members.

What Happens if Someone Breaks a Peace Bond?

Breach of the recognizance is a criminal offence under section 811 of the Criminal Code, punishable by up to four years in prison when prosecuted by indictment, or as a summary conviction offence.

Talk to a Family Lawyer About Your Options

If you are weighing a peace bond, a protection order, or both, the first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person in South Surrey. Our family violence services page describes the other ways we can help. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.