A peace bond is a type of restraining order. You might be able to get one if another person has recently:
- threatened
- harmed
- attempted to harm
- stalked or harassed
you, your immediate family, or your property.
You can also apply for a peace bond if another person has posted or may post an intimate image of you or an immediate family member without consent.
To start the process, you or your lawyer file a paper called an "Information" with the Provincial Court along with a form called a "Statement of Complaint". The forms are on the Court's website here: https://courts.ns.ca/courts/provincial-court/peace-bonds
- You may be able to get help from Nova Scotia Legal Aid to apply for a peace bond.
- The Provincial Court adopted a virtual peace bond process during the pandemic. Many peace bond cases are now heard remotely by phone/video conference.
This page gives general legal information about Peace Bonds. It does not give legal advice.
FAQs About Peace Bonds
What does a peace bond do?
A peace bond attempts to protect you by directing the defendant not to make further threats or cause further harm to you. It warns the defendant that, if the threatening behaviour continues, they risk getting a fine, a jail term or other sentence and a criminal record.
While under a peace bond, the other person must stop the threatening or harmful behaviour and stay away from you. This person is called the defendant. By signing the peace bond the defendant agrees to keep the peace and be of good behaviour. The peace bond may include other conditions, such as the defendant agreeing to have no direct or indirect contact with you.
You are not charging the defendant with an offence when you ask the court for a peace bond. You are asking the court to set conditions to protect you from the defendant.
You have to show the Justice of the Peace that you have a reasonable fear because the defendant:
- threatened or assaulted you or your family, or
- threatened or damaged your property, and
- you continue to fear for your safety. If you have no continuing fear of the defendant, it is unlikely that a court will give you a peace bond.
The Criminal Code allows you, or someone on your behalf, to apply for a peace bond or 'lay an Information'. However, the police will not apply for a peace bond for you. The police investigate criminal charges and may lay charges if you have been physically assaulted or threatened or had your property damaged.
Will a peace bond keep me safe?
A peace bond can be a good deterrent in many cases. It can help prevent threats and assaults. Going to court and signing the bond before a Justice of the Peace may persuade the defendant to avoid you. However, not all defendants respect the terms of a peace bond, and you still need to be careful for your safety.
If you are dealing with threatening behaviour, you need a safety plan. Safety planning involves considering different ways to protect yourself and your family. Applying for a peace bond should only be one part of the plan. There may be services in your community to help you develop a safety plan if someone threatens you. Contact the police, Victim Services, or 211 to find out if there are services in your community that can help you with safety planning.
A peace bond may not always be the best solution to your problem. Depending on what is happening, there may be other legal steps that you can take before applying for a peace bond. For example, in some cases, sending the other person a cease-and-desist letter or issuing them a protection of property notice might be a better approach.
Like anything else, peace bonds have some limitations. Keep in mind:
- The threat of getting a criminal record may not be enough to stop the defendant from assaulting you. The bond is most effective against a person with basic respect for the law.
- Getting a peace bond takes time. It can take weeks or even months to get a peace bond and even longer to get the defendant convicted if the defendant breaks the bond.
- Peace bonds are not permanent. They last for a maximum period of one year. You must make a new application if you want to get another peace bond after the first one ends.
- A defendant will not be charged for breach of a peace bond unless the police have reasonable grounds to believe the defendant broke the bond. You can take the matter to court yourself if the police do not lay charges, but you would have to present the case yourself or hire a lawyer to do it for you.
What can I do in an emergency?
Call 911.
If you were in a romantic relationship with the defendant, you may also be able to apply for an emergency protection order over the phone. For more information, visit the NS Family Law webpage on Emergency Protection Orders.
Does a peace bond give the defendant a criminal record?
No. A peace bond is not a criminal conviction. The defendant will not get a criminal record by signing the peace bond. However, if the defendant breaks any of the conditions on the bond, they may be charged with a criminal offence. If convicted of the offence, the defendant will get a criminal record.
Also, a peace bond can show up on a police information check or a vulnerable sector check, as those more enhanced background checks show “non-conviction information”.
Does a peace bond stop a person from contacting me?
A peace bond usually contains a condition that says the defendant must have no direct or indirect contact with you. It is the defendant's responsibility not to contact you directly or indirectly.
Direct contact occurs if the defendant speaks to you in person or on the phone, writes to you, leaves a telephone, voice mail or email message, or enters your presence.
Indirect contact occurs when the defendant communicates or tries to communicate, a message to you through another person or by leaving something for you where the defendant knows you will find it.
A peace bond does not prevent you from voluntarily contacting the defendant, but if you do, you may find it more difficult to enforce the peace bond later.
There are some people in your life that you must have some contact with for specific reasons. For example, you may have to communicate with an ex while co-parenting. The peace bond can be worded in a way that allows for some contact for a specific reason.
Do I have to contact the police or lay criminal charges before I can get a peace bond?
No, you are not required to contact the police before applying for a peace bond.
However, if the defendant committed a crime, contacting the police is the correct thing to do. The peace bond process can take 2-3 months to complete. The police response is usually much quicker than that.
For example, if you have been assaulted, a peace bond may not be the safest way to respond. You should consider contacting the police to lay an assault charge against the person who assaulted you.
There are 'anti-stalking' laws that may help protect you if you fear for your safety because someone is repeatedly:
- following you around,
- calling you, your family, friends or workplace,
- watching your home or workplace and
- doing anything which threatens you or your family.
If this is happening to you, you should talk with the police. Anti-stalking laws are also called 'criminal harassment' laws.
If you apply for a peace bond, the Court will ask whether you have contacted the police. If you don’t contact the police, the Court will want to know why not. If you do contact the police, the Court will want to know what the police told you.
If criminal charges are laid, do I still need a peace bond?
It depends on what crime the police charge the defendant with and whether you are the victim of the crime.
If the defendant is charged with a crime for something they did to you and they are released from custody pending trial, the police or the Court will impose a no-contact condition on the defendant. There is no need to apply for a peace bond while the defendant is under a no-contact condition.
If the defendant is charged with a crime, you should contact the Crown Attorney's office dealing with the charge or the Victims' Services Office as soon as possible to ensure that the defendant is ordered to have no contact with you. You must also ensure you are notified if the no-contact condition is lifted.
If the defendant pleads guilty or is convicted of the charge, they may be placed on probation and ordered to have no contact with you as part of the probation order. This would have the same effect as a peace bond. If you want other conditions to apply, you can ask the Crown Attorney about that.
Go here for contact information for your region's Crown Attorney’s office.
Go here to find contact information for Victim Services in your region.
If the defendant has been charged with assault and acquitted, can I still apply for a peace bond?
Yes. You can still apply for a peace bond if the defendant has been acquitted or had the charges dismissed.
The police told me to get a peace bond; does that mean I will definitely be able to get one?
Not necessarily. Sometimes, when the police do not have enough evidence to press charges against the person you are fearful of (the defendant), they may tell you to apply to the court for a peace bond. However, that does not mean that the court will definitely give you a peace bond. The court will order a peace bond only when it is satisfied that you have reasonable grounds to believe that the defendant will cause:
- personal injury to you, or
- personal injury to your children, or
- personal injury to your current or former spouse, common-law partner, or dating partner, or
- damage to your property.
If the court is not satisfied that you have reasonable ground to fear, they will not order a peace bond, even if the police advised you to apply for one.
Can I get a peace bond against my neighbour, roommate, landlord, boss or other person that I have to see regularly?
You can apply for a peace bond against any person you have reasonable grounds to be fearful of.
However, there are some people in your life with whom you will have some contact, whether you have a peace bond or not. This could be people who live nearby, like a neighbour or roommate, or people with whom you have a legal or professional relationship, like a co-worker or landlord.
In those situations, it may be harder to obtain a peace bond because the other party may have plausible explanations for whatever negative interactions caused you to apply for the peace bond.
Also, a peace bond may not be enough to solve the conflict if the conflict involves someone like a neighbour, roommate, landlord, co-worker, etc. There are likely other legal or interpersonal steps you need to take to address the situation.
You cannot use a peace bond to do things like:
- force a neighbour to move out
- evict a roommate
- change your landlord or building superintendent
- change co-workers or managers
- change teachers
- change your parenting arrangement
How to Apply for a Peace Bond
Do I need a lawyer to get a peace bond?
You are not required to have a lawyer represent you at a peace bond hearing. However, it is a good idea to discuss the situation with a lawyer before deciding what to do. The lawyer can advise you of your rights and explain the court process. Together, you can decide if you should hire the lawyer to go to court with you.
Also, you may not feel comfortable speaking in court and questioning witnesses. A lawyer is trained to do this.
Usually, legal aid does not provide lawyers for peace bond applications. However, if you qualify for Legal Aid and have other issues they are dealing with, you can get some advice from them. In some areas, there are programs that may help you apply for a peace bond. Court staff will usually know if these exist in your community.
How do I apply for a peace bond?
You must go to the Provincial Court in your area. If you have an existing legal proceeding in the Family Court or the Supreme Court (Family Division), you may apply for a peace bond in that court.
Before you can get a peace bond, there is a court hearing. You must be prepared to face the defendant in court and say why you are afraid of the defendant. If you are concerned about your safety in court or while waiting for court, contact the court administration office.
To start the process in Provincial Court, you or your lawyer must file an Information (NS Form 3/2) and a Statement of Complaint
Information is a sworn statement you make. In the Information, you must explain why you fear that the defendant (the person you are applying for a peace bond against) might hurt you, your child, your spouse, or your common-law partner or that the defendant will damage your property.
Go here for more information about filling out the forms. You can contact the court staff in advance for instructions on filing, but please note that court staff cannot give advice. Contact information for all courthouses is available online here.
Getting a peace bond usually involves at least two court appearances. You should expect your first appearance to be by telephone. If you need to have a final hearing, expect the final hearing to be in person.
Once you file the forms, a Justice of Peace (JP) will meet you and determine if the application can proceed to a hearing. Be sure to put details in the Information to support the basis for your fear.
If the Justice of the Peace decides the application can move on to a hearing, they will issue a summons to the defendant to attend a specific court date. A summons is a court paper that requires the person that you are applying for a peace bond to come to court. You will have to make arrangements to serve the summons to the defendant. A peace officer, such as a police officer, a bailiff or a private process server, must serve the summons. You cannot serve the summons yourself.
You must attend the court date mentioned in the summons, and the defendant will also come for the first court appearance. Since May 2020, the Provincial Courts have adopted a virtual process for the first court appearance for peace bonds. Expect your first court appearance via teleconference, during which you and the defendant will receive a phone call from the courthouse.
What happens at the first court appearance?
The first court appearance is not a final hearing. At the first court appearance, the Justice of the Peace will ask the defendant if they consent to signing the peace bond. If the defendant agrees and there are sufficient grounds, an order will be made requiring the defendant to sign the peace bond. If the defendant does not consent, the Justice of the Peace will set a date for a peace bond hearing (which will be in person).
You don't have to present your case at the first court appearance, but you should be prepared to answer some general questions from the Justice of the Peace. They may also ask you some questions like:
- whether you plan to hire a lawyer,
- whether you plan to call any witnesses at the final hearing and - if so - why you are calling those witnesses (what part of the case they will talk about).
- whether you have any supporting documents that you want to present at the final hearing
If you have any questions about the court procedure, the first court appearance is a good chance to ask them directly to the Justice of the Peace.
What happens at a peace bond hearing?
If the defendant does not consent to the peace bond, your application must go to a final hearing.
At the hearing, you will testify under oath and tell the court why you fear the defendant will cause harm to you or your child or your spouse or common-law partner or damage your property.
The defendant (or their legal representative) can ask you questions about your evidence. If you have witnesses, they will also testify under oath, and the defendant or their legal representative may ask them questions too.
The defendant then will have the opportunity to give evidence under oath, and you or your legal representative will be able to ask them questions about their evidence. The defendant also may bring witnesses to testify, and you or your legal representative can question them about their testimony.
At the end of the evidence, you and the defendant will have the opportunity to summarize your positions as to why the defendant should or should not be required to enter into the peace bond.
The Justice of the Peace will review the evidence, including any materials provided, such as tapes, photos or notes and decide whether you have reasonable grounds to fear the defendant. If so, the Justice of the Peace will issue a peace bond. If not, they will dismiss the application.
How long does it take to get a peace bond?
Obtaining a peace bond may take several weeks or even months. The length of time depends on the Provincial Court schedule in your area, whether the defendant agrees to sign the peace bond at the first court appearance, or whether there will be a final hearing.
The peace bond hearing usually happens 4 to 8 weeks from the first court appearance.
If you have concerns about your safety while waiting for a peace bond, be sure to have a safety plan in place and check if you can apply for an Emergency Protection Order.
Can I subpoena witnesses?
Yes. A subpoena is a court document that requires a person to give evidence at a court proceeding (like a peace bond hearing). The subpoena tells the person that they must come to the court on a certain date and time to give oral evidence or to provide a document to the court. You may subpoena a witness if they refuse to come to court.
You must complete the Subpoena to a Witness form to subpoena a witness. Contact the court staff if you need help with the form. Once you have filled it out, make two additional copies of it. Take the original and the two copies to meet a court officer. A designated court officer must sign the subpoena for it to be valid.
The officer will keep one as a court copy, keep it with the court file, and give you two copies. You will keep one copy for yourself, and the other must be personally served to the witness. Make sure to serve them at least a few days before the peace bond hearing date.
Only call witnesses that you absolutely need to hear from. Generally speaking, calling more witnesses means a greater chance of delay in your case because one or more witnesses may be unable to attend your court date.
If a Peace Bond is Ordered
What conditions go into a peace bond?
By signing a peace bond, the defendant promises to leave you alone, keep the peace and be of good behaviour for the time set out in the peace bond. A peace bond may last up to one year. The Justice of the Peace decides how long it will last.
Before issuing the peace bond, the Justice of the Peace must decide whether to include conditions to offer you further protection. These could include ordering the defendant:
- to stay away from specific places where you, your spouse or your child regularly go, such as your work, home or school;
- not to communicate with you, your spouse or your child. This includes by phone, by mail, in person, or through another person;
- to post an amount of money and obtain a surety. A surety is a person who vouches for the defendant and agrees to supervise them to ensure the conditions are obeyed; and
- to abide by other conditions required to ensure your safety. For example, the Justice of the Peace may order that the defendant have no contact with you other than to arrange access to or exercise access to the children or that the defendant not possess firearms, ammunition, explosives, or other weapons.
You or your lawyer may ask for additional conditions to the peace bond. If you do not have a lawyer, do not hesitate to ask the Justice of the Peace for additional conditions.
Do I need a new peace bond if I move or leave the province?
Generally, the police can enforce peace bonds anywhere across Nova Scotia and the rest of Canada. However, if you move or leave the province, you should carefully review the conditions of your peace bond. For example, the peace bond may restrict the defendant from coming within a certain distance of your home at a specific address. If you move to a new address, you may not have continued protection. If you are uncertain whether your peace bond will apply in your new location, consult your local police service.
The police can only enforce the terms of a peace bond as written. They cannot change the terms of the peace bond for you. If necessary, you may have to apply to the court to change the terms of the peace bond, which would involve another hearing.
Will I get a copy of the peace bond?
Yes. You will get a certified copy of the bond from the court staff. A certified copy says that it is a true copy of the original peace bond. You can get a copy from the court office when the defendant signs the bond. If you feel unsafe waiting after court, you can pick up a copy later.
You should keep the peace bond in a safe place. You should show the police your copy if the defendant breaks the conditions of the peace bond. You may want to carry a copy of the peace bond with you. If you lose your copy, you can get another one at the court where it was issued. If one of the peace bond conditions is the defendant cannot contact the children, be sure to give officials at the school or daycare a copy.
What happens if the defendant breaks the peace bond
If the defendant breaks any of the peace bond conditions, you can call the police and report it. The police can charge the defendant with a criminal offence for violating the conditions of the peace bond. If the defendant is found guilty, they may be fined, given a jail term, or both.
The defendant may also be charged with any other offence (for example, assault) they committed when the peace bond was broken. The defendant could be charged with breaking the peace bond conditions even if they were not violent or threatening on that occasion.
It is up to you to report to the police if the peace bond is broken. Even if you decide not to call the police, you should record the day and time that the defendant broke the peace bond and what the defendant did because if you later decide to call the police or have to go to court, you will need this information.
The peace bond is for your protection. If you ask for a 'no contact' provision in the peace bond and you later willingly contact the defendant, you may have difficulty getting the police to charge the defendant if the defendant later breaks the peace bond by contacting you.
Will the police always lay charges if a peace bond is broken?
No, not always. The police always have discretion over whether to lay a charge or not. The police can lay charges if there is evidence of a breach of the conditions of the bond, but you cannot force them to do so if they conclude that charges are inappropriate.
In family violence cases, the Nova Scotia Department of Justice has guidelines that encourage police to arrest and charge the defendant when there is evidence to do so. This includes directions to the police to:
- arrest defendants where there is evidence that they have broken a peace bond;
- lay a charge when there are reasonable grounds or arrest someone for breaking a peace bond;
- take into consideration the importance of the victim's safety and that of the children and provide transport to a safe place if necessary; and
- keep the victim informed of the progress of the case.
Charges laid by the police will usually be heard in Provincial Court. If the police do lay a charge, you will be asked to give information on the details of the breach. It is then up to the Crown Attorney to deal with the case against the defendant in court.
Depending on how the peace bond was breached, it may take two to three weeks from the time you report a breach of a bond until the police serve a summons on the defendant. The summons tells the defendant what the charges are and the court date for the hearing. Court staff are required to give priority to spousal/partner violence matters.
If the police do not lay charges and you think they should, you should contact police officials in your area to discuss why they are not taking action, or you can take the matter to court yourself.
If the police do not lay charges, you may lay private charges. If you do, you or your lawyer will have to present the evidence of the peace bond breach in court. You will have to give evidence. If possible, have witnesses come to court to back up your evidence. The defendant can also have witnesses come to court.
If the defendant has witnesses, you or your lawyer may ask them questions.
What happens if the defendant is found guilty of breaking the peace bond?
Being found guilty of breaking a peace bond is a serious matter. The defendant may get a criminal record and, depending on the seriousness of the breach, could get up to four years in jail. It is rare for a defendant to get the maximum sentence. A typical sentence for a first offence is release on probation with conditions such as staying away from you and your family.
If the defendant breaks the peace bond by following you around (called stalking) so that you fear for your safety or that of your family, the Justice of the Peace will consider the stalking as an aggravating factor (a factor that makes things worse) when sentencing the defendant.
What if I have a peace bond against my spouse and we get back together?
If you have a peace bond against your spouse and decide to try living together again, it breaches the 'no contact' condition in the peace bond.
You or the defendant may return to the court that issued the peace bond and ask to have the 'no contact' condition amended or deleted. The other peace bond conditions, such as the requirement that the defendant keep the peace and be of good behaviour, may remain in place. However, you should be aware that, depending on the circumstances, the police may be reluctant to enforce the terms of the peace bond if you get back together with your partner.
If the defendant becomes violent and the peace bond is still in effect, you can return to court and ask to reinstate the 'no contact' clause.
Can the other parent still see the children if I have a peace bond against them?
Yes. If you have children and you get a peace bond against the other parent, the peace bond will usually be worded in a way that allows for limited contact for court-ordered parenting time.
The Justice of the Peace can still order the defendant to have no contact with you, even if the defendant has a parenting arrangement with the children. However, a peace bond application is not a substitute for a Family Court proceeding. If you are co-parenting with the defendant, your case may also need to go to Family Court.
If the defendant has parenting time under a court order or written separation agreement, you should point this out at the peace bond hearing. The Justice of the Peace can consider the parenting arrangements when setting the conditions for the bond. The peace bond might include conditions that state:
- that parenting arrangements be made through a third person, such as a neighbour, friend or family member you trust. You should ask this person's permission and ensure they agree to help you.)
- that the defendant contact you only by phone or email and only to arrange time with the children.
- that the defendant remains in their car when picking up or dropping off the children, and you send them out to the car alone or with someone.
- that pick-ups and drop-offs only happen in a particular public place.
However, the Justice of the Peace may choose not to include specific conditions like that, in which case you may need to apply to Family Court to address those specific things.
If you already have a peace bond and you and your spouse are going to Family Court over parenting issues, you should tell your lawyer (if you have one) and the court about the peace bond. Tell the Family Court about any no-contact orders or other court matters between you and your spouse that may affect your safety and the safety of your children.
More Information
For more information
If you are applying for a peace bond, or someone has applied to get a peace bond against you, you may want to hire a criminal defence lawyer to get legal advice and help with the process.
If you have questions about peace bonds that aren’t answered by this article, you can contact the Legal Information Society of Nova Scotia for more information.
Victim Resources
Depending on your situation and where you live in the province, there may be agencies that can help you, such as:
- helplines - call 211 or go to ns.211.ca/
- nsdomesticviolence.ca - information, support, resources
- transition houses - go to thans.ns.ca for shelter contact information and
- women's centres (go to womenconnect.ca for locations)
Victim Services Division
Nova Scotia Department of Justice
Halifax Region - 902-424.3307
Kentville 902-679.6201 or 1.800.565.1805 toll free
New Glasgow 902-755.7110 or 1.800.565.7912 toll-free
Sydney 902-563.3655 or 1.800.565.0071 toll-free
Go to novascotia.ca/just/victim_Services/ for more information about the Department of Justice Victim Services.
The Regional Victim Services Program provides information, support and advocacy for victims of crime within the criminal justice system. Services include:
- emotional support to victims of crime
- providing information to victims on their particular case and the criminal justice process;
- communicating with police, Crown Attorney, and other justice agencies as the case proceeds through the system;
- help with victim impact statements
- providing information about how to seek restitution
The program also provides a comprehensive service to address the special needs of child victims or witnesses as they prepare to testify in court.
If you wish to apply for a peace bond through the Provincial Court in Halifax and Dartmouth, you can get support from Halifax Regional Police (HRP) Victim Services. Victim Services volunteers may provide applicants with information on the application process, assistance with the application forms and ongoing emotional support. Contact HRP Victim Services at 902-490-5300 for more information about their Peace Bond Navigator program.
Last reviewed: April 2024