When facing threats, harassment, or violence, individuals in Manitoba may seek legal protection through protection orders or peace bonds. These legal tools help ensure safety, but it’s crucial to understand their differences and applications. This article clarifies the distinctions between protection orders and peace bonds in Canada, focusing on their use in criminal and family law.
What Is a Protection Order?
A protection order is a court order used in Manitoba to protect individuals from harassment, violence, or unwanted contact. It’s often sought in cases of family violence, stalking, or threats to personal safety. The order can require the person to stay a certain distance from the family home, children’s school, or other specified locations.
Protection orders in Manitoba are governed by The Domestic Violence and Stalking Act and can be issued on an emergency basis by a judicial justice of the peace or for longer terms by a judge. They can prohibit phone calls, text messages, or any other form of contact. If breached, the person violating the order may face criminal charges for failing to comply with the court’s terms.
Understanding Peace Bonds
A peace bond is a type of court order under Section 810 of Canada’s Criminal Code. It is used when there are reasonable grounds to fear harm or property damage, but not enough evidence to support a criminal charge. Peace bonds require the individual in question to keep the peace and maintain good behaviour, usually for 12 months, and may include specific conditions like staying a certain distance away or avoiding contact.
Unlike protection orders, peace bonds are part of the criminal justice system and are initiated in criminal court. While the process often involves the assistance of local police, individuals can also request peace bonds directly through the court. Breaching a peace bond is a criminal offence and can result in serious legal consequences, including jail time or a criminal record.
Key Differences Between Protection Orders & Peace Bonds
Both protection orders and peace bonds aim to protect individuals from harm but differ in their legal context and application. Protection orders are provincial remedies designed for situations involving family violence or stalking, often used to protect family members or intimate partners. In contrast, peace bonds are federal criminal remedies and are used when there is a broader fear of harm.
Enforcement also differs. Violating a protection order can lead to criminal charges for breaching the terms set by the court, while breaching a peace bond is treated as a criminal offence under the Criminal Code, carrying harsher penalties.
How to Obtain a Protection Order or Peace Bond in Manitoba
To apply for a protection order, individuals present their case to the court. For emergencies, a judicial justice of the peace can issue an emergency protection order, often within hours. For long-term protection, applications are typically heard by a judge. Legal assistance from a lawyer or legal aid can ensure evidence and circumstances are properly presented to the court.
Applying for a peace bond involves a criminal court process. Local police often assist with the application by collecting evidence and presenting it to the court. The applicant must show reasonable grounds for their fear. If approved, the judge issues the peace bond with specific conditions. This process may take a few weeks depending on the circumstances and court schedule.
Seeking Help From a Lawyer
Consulting a domestic violence lawyer in Winnipeg is essential for understanding options for protection orders or peace bonds. These lawyers can guide you through the legal process and ensure your rights are protected. For cases involving sexual assault, a sexual assault lawyer can provide specialized legal support and advice.
Anyone feeling threatened in Manitoba should contact local police as a first step. While protection orders and peace bonds are effective legal tools, they should be part of a broader safety plan, including consulting with a lawyer and accessing resources like the protection order registry.
Navigating the legal system can feel overwhelming, but understanding the protections available under Manitoba law can empower individuals to make informed decisions and take the necessary steps to ensure their safety.
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