Protection Orders

Protection Orders

August 01, 2013 By Janko Predovic

Criminal Code peace bonds and Family Law Act protection orders are both types of “protection orders.”

The new Family Law Act has a drastically revised Part 9 addressing “protection orders”, which are restraining orders against family members as defined in the Act.

A “family member” is, according to s. 1 of the Family Law Act, a person’s spouse or former spouse, a person with whom the person is living or has lived in a marriage-like relationship, a parent or guardian of the person’s child, a person who lives with and is related to the person (or related to a person mentioned in the previous categories), or the person’s child.

All protection orders, including peace bonds and family law protection orders, list conditions set by a judge for one person to follow that are meant to protect someone else. Most often, they require the person to have no contact or limited contact with the person being protected. After you have taken care of any immediate safety concerns, it is up to you to decide whether a peace bond and/or a family law protection order will best protect you. There are several important differences and you should contact us for advice to determine which type of order is best for your situation.

One thing to consider before applying to the Court for any protection order is whether such an order is truly necessary. A minor “spat” between family members resulting in a protection order may have the effect of hurting personal relationships beyond repair or inflaming conflict to a dangerous degree. It is important to consider whether resolving a dispute peacefully by way of mediation or collaboration is appropriate in the circumstances. That having been said, in certain cases, a protection will indeed be appropriate and in fact, necessary.

We can help you determine what is called for in your situation.

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