How do I apply for a protection order or peace bond against a partner or family member?

Key points

• Immediate danger calls for emergency help; a court application is only one part of a safety plan.
• Choose the legal route for the relationship and province; a police report or criminal conviction is not generally a prerequisite to a civil protection application.
• Give specific facts, preserve original evidence and disclose relevant existing orders and adverse information.
• A without-notice request must meet its own rules; explain danger from delay or notification and ask about safe address/service arrangements.
• Ontario family-court motions, BC Form12, Alberta’s emergency route and Quebec’s Superior Court application have different forms and tests.
• Alberta EPO review is within nine working days; Quebec’s initial unnotified-application order is at most ten days, with a later order potentially up to five years.
• Check the issued order, required notification, precise conditions and next hearing; private agreement does not rewrite other existing orders.

How do I apply for protection against a partner or family member?

Start with safety. If you are in immediate danger, contact emergency services. Otherwise, ask about a peace bond and your province’s civil protection process. You do not generally need a previous criminal conviction. The right court route depends on the relationship, the risk and where you live.

Sources: S1, S2, S5, S9, S14, S16

What should I bring to the application?

Describe what happened, when, who was involved and why you fear further harm. Preserve original messages, photographs, witness details and police file numbers if you have them. Your own account is evidence; a conviction is not a prerequisite. Explain threats, escalation, weapons and risks to children. Do not put yourself in danger to collect proof.

Sources: S7, S9, S12, S14, S18

How does a peace-bond application begin?

A peace bond is a preventive court order. The Criminal Code allows an information to be laid before a justice by, or on behalf of, someone with the specified reasonable fear. Police or a prosecutor may help you with the local process. The court must assess the legal grounds; reporting an incident does not guarantee an immediate bond.

Sources: S1, S3, S4

Is there a specific intimate-partner peace bond?

Yes. The law now provides a separate route for reasonable fear of an offence causing personal injury to an intimate partner or the specified children. It normally permits a bond of up to twelve months. Up to two years is possible with the law’s specified prior conviction involving actual, attempted or threatened violence. Explain the actual risk; being separated does not itself establish the test.

Sources: S2

Where do I apply in Ontario?

In Ontario, ask the family court about a restraining order. Eligibility depends on the legal provision and your relationship or child-safety circumstances. A new case generally starts with an application. An urgent motion uses the motion form and an affidavit. Explain why delay or warning the other person creates danger. The judge decides whether proceeding without notice is justified.

Sources: S5, S6, S7, S8

Where do I apply in British Columbia?

In British Columbia, a Family Law Act protection order can be sought in Provincial Court or Supreme Court. The court considers whether family violence is likely and a defined family member is at risk. Provincial Court uses Form twelve. You can request a hearing without notice and explain the urgency. Supreme Court has a different process. Do not treat the ordinary notice period as an unavoidable emergency wait.

Sources: S9, S10, S11, S12, S13

How does Alberta’s emergency route work?

In Alberta, police can help seek an emergency protection order, including outside court hours. There is also a court and hearing-office application route with screening. The legal test requires family violence, a risk it will continue or resume, and urgency requiring immediate protection. An emergency order must be reviewed in King’s Bench within nine working days. Keep that review date.

Sources: S14, S15

How do I apply in Quebec?

In Quebec, apply to the Superior Court for a civil protection order where life, health or safety is threatened. A current government form guides the facts and requested conditions. The court can make an initial order lasting up to ten days without the application first being notified to the other person. Longer protection requires notification; an order can ultimately last up to five years.

Sources: S16, S17, S18

Does without notice mean the case stays secret?

No. Applying without notice does not mean the order or case remains secret. Be completely candid, including about relevant facts that may weaken your request. Show existing court orders. Ask the registry or a victim-support service about a safe address and service arrangements before filing. Do not personally approach someone dangerous to deliver papers.

Sources: S20, S7, S13, S11, S14, S19, S16

What conditions should I ask for?

Ask for conditions matching the risk: contact restrictions, protected places, safe collection of belongings or arrangements involving children. Imagine needing a child handover while a no-contact order is in force. Show the court every relevant order and ask for lawful arrangements. Do not assume a new civil order or a private agreement changes existing criminal conditions.

Sources: S1, S2, S5, S9, S14, S18

What happens after an order is made?

Keep a copy, check every condition and confirm who will notify or serve the other person. Record the review, return and expiry dates. Attend the next hearing if protection needs to continue. Report suspected breaches and seek emergency help for immediate danger. An order is one part of your safety plan; it cannot guarantee that another person will comply.

Sources: S7, S11, S14, S16, S3

Your next steps

1. Get emergency assistance where needed and identify the correct provincial court or peace-bond process.
2. Prepare a factual chronology, evidence, previous orders and the exact protection needed; request safe filing/notice arrangements.
3. Keep the issued order, confirm service/notification and attend every review or extension hearing.

Sources and publication

Full primary-source research: 6 September 2026. Targeted production checks: 8 September 2026. Publication-date checks and any source-access limitations are separately recorded; these dates do not imply that every source was reviewed again.

• S1. Parliament of Canada — Criminal Code section 810

  810(1)–(5). Actual official text read 6 September 2026; consolidation displayed current to 21 June 2026, checked against 2026 c.19 sections80–81 and205. Section80 changes French text only..
  Information may be laid before a justice by or on behalf of someone with the specified reasonable fear; court determines the grounds and reasonable conditions. General bond up to12months; not a guarantee of immediate relief.

• S2. Parliament of Canada — Protecting Victims Act, 2026 c.19

  81 replacing Criminal Code810.03, especially(1)–(6),(10)–(13);205. Actual enacted Act read at specified provisions; assent18June2026, section81 effective18July 2026 under205(1), outside delayed exceptions..
  Intimate-partner/child personal-injury offence fear; normally12months, up to2years with the specified prior violent/threatened/attempted-violence conviction. Indigenous-support consideration and safety on defendant variation. New coercive-control offence not presumed in force.

• S3. Justice Canada — Applying for a peace bond

  Application, court hearing, cost and revision notice. Actual live government guide read6September2026. Expressly under revision for July 2026 amendments; statutory propositions separately checked..
  Police/prosecutor help and local process; preventive order without a preceding criminal conviction, hearing and evidence, no lawyer required to apply. No promise that every police report results in a bond.

• S4. Supreme Court of Canada — R. v. Penunsi, 2019 SCC 39

  12–15. Actual official53-page bilingual judgment downloaded; identified reasons read6September2026. Not the whole judgment or all bail analysis..
  Peace-bond proceedings as preventive justice addressing future harm, rather than punishment for past conduct. Current statutory amendments checked separately.

• S5. Ontario — Family Law Act

  1 relevant spouse/cohabitation definitions;46. Actual official e-Laws API text;46 read6September2026. Uncommenced2025c.6 Schedule6 helper-application amendments expressly excluded..
  Reasonable grounds to fear own safety or a child in lawful custody; relationship eligibility under46, conditions and interim/final orders. Relationship-specific family route, not any disagreement with a relative.

• S6. Ontario — Children’s Law Reform Act

  35. Actual official e-Laws API text, section35 read6September2026. Uncommenced2025c.6 Schedule2 amendments excluded..
  Family-court restraining-order power against any person under35; distinct from FLA46 relationship rule. Do not exclude a possible child-safety application merely because adults never cohabited.

• S7. Ontario — Family Law Rules, O. Reg. 114/99

  14(1)–(19), especially(4.2),(6)(e.2),(9),(11)(e),(12)–(15),(17)–(19). Actual official API text read6September2026 at specified provisions, including2025amendments..
  Forms14/14A, court-controlled urgent/without-notice route, frank sourced sworn evidence, return hearing and subsequent service. Current confirmation is2pm THREE days before motion, contrary to the public guide’s two-day statement; no numeric confirmation deadline narrated.

• S8. Ontario — Getting a restraining order

  Application, urgent motion, after-order steps. Actual current guide retrieved directlyHTTP200 and through indexed web6September2026. Form8/new-case and14/14A orientation corroborated with rules; stale confirmation detail excluded..
  Family-court application, supporting evidence, court filing and urgent request. Existing case versus new application matters; affidavit is evidence, not merely unsupported allegations.

• S9. British Columbia — Family Law Act, Part 9

  182–191, especially183–189. Actual complete Part9 read6September2026; displayed current to1September2026..
  Likely family violence and at-risk family member; no criminal conviction prerequisite, risk factors including escalation and coercion, without-notice application, home/contact/weapon conditions, child protection, default one-year term and limited priority over conflicting FLA orders.

• S10. British Columbia — Family Law Act, Part 1

  1 definitions of family member and family violence. Actual defined terms read6September2026; current1September2026..
  Eligibility has a statutory family-member definition; psychological/emotional abuse, stalking and child exposure can qualify. Not every relative or dating relationship automatically meets this route.

• S11. British Columbia — Provincial Court Family Rules, B.C. Reg. 120/2020

  67–74; current Form12 instructions on172. Actual rules67–74 fully read6September2026, current1September2026. Rule172 proposition checked in current official form instructions, not claimed as a full rule review..
  Form12 evidence and grounds for without-notice request; ordinary personal service at least7days before hearing, subject to without-notice authority; clerk service where possible and applicant fallback if clerk cannot serve. Supreme Court has its own forms/process.

• S12. British Columbia — Form 12, Application About a Protection Order

  Cover and application instructions; supporting Schedule1 identified. Actual15-page PDF downloaded6September2026, datedAUGUST2026. Cover/instructions read; not every form field independently reviewed. Search-indexed May version superseded by this actual download..
  Current Provincial Court application, evidence and request for without-notice consideration; no filing fee for these Provincial family forms. Unsworn filing can be accepted if available to swear/affirm at hearing under stated rule; no universal pre-filing oath claim.

• S13. British Columbia — Form 12 guidebook

  Printed6,10–12; current form instructions and service guidance. Actual29-page PDF downloaded6September2026, printedMay2026/28pages. Identified passages read, not whole guide..
  Provincial or Supreme Court route; urgency reasons, hearing determined by court, safe address for service and notice arrangements. Ordinary7day notice is not an unavoidable wait on a without-notice application; no same-day guarantee.

• S14. Alberta — Protection Against Family Violence Act

  1–8. Actual20-page official PDF, consolidation11June2025; sections1–8 read6September2026. Full later-amendment/citator audit not claimed..
  Statutory family relationship; EPO requires family violence occurred, reasonable grounds to believe continuation/resumption and seriousness/urgency requiring immediate protection. Court of Justice judge/JP, review within9working days, service/actual notice, longer King’s Bench route, limited address confidentiality.

• S15. Alberta — Get an emergency protection order

  Court-day application; police; regional hearing offices and screening. Actual current government guide downloaded/read6September2026..
  Police/RCMP may assist anytime; court and after-hours hearing-office channels have specific hours and screening, with no guaranteed immediate hearing. Guide’s only-self/family shorthand is narrower than Act6 authorised helper/leave routes; statute governs.

• S16. Québec — Code of Civil Procedure

  515.1–515.4. Actual official current English web text, all four provisions read6September2026; consolidation header7April2026. Direct download403; retained web evidence. Current September form corroborates duration..
  Civil protection against a natural person threatening life, health or safety; brief grounds/form deemed under oath, urgency, initial maximum10days without notifying application, later notice and maximum5year order, clerk notification, enforceability and no contempt route.

• S17. Québec — Protection order in a civil matter

  Application, court, notification and support. Actual guide downloaded and application passages read6September2026; corresponding French page dated25June2026..
  Superior Court application, safety grounds and no required previous criminal charge; distinguish initial unnotified application from notification of issued order and later merits application. Victim support can help.

• S18. Québec — Application for a protection order, SJ-1318-A

  All6pages, especially grounds, notice, prior cases/orders, signature. Actual6-page official PDF downloaded and all text read6September2026, versionSEPTEMBER2026..
  Current Superior Court form: short emergency order and longer merits order are distinct; concrete conduct/evidence, police complaint if any, existing cases and conditions, signature attestation; initial10day and later5year requests.

• S19. Québec — SJ-1318-A, Aide-mémoire pour la personne victime

  First2pages of6-page PDF. Actual official PDF downloaded; first2pages read through web tool6September2026; later illustrated form pages not fully inspected..
  Recognised victim-service organisation can assist address confidentiality; after-hours filing directions do not guarantee instant judicial relief. Court fees may apply; no claim that all protection applications are free.

• S20. Supreme Court of Canada — Ruby v. Canada (Solicitor General), 2002 SCC 75

  25–27. Actual official42-page bilingual judgment downloaded; specified reasons read6September2026. Privacy litigation, used only for general ex parte procedural duty..
  Without-notice party must act with utmost good faith and fully disclose relevant information, including adverse information. Ex parte does not automatically mean a private hearing or permanent secrecy.

• S21. Legal Hotline — Canada

  Service FAQ; contact; footer. Live site checked 6 September 2026..
  Canada number 1-855-529-1555; free AI general information; separate lawyer matching; Platfirm AI service. No response-time, booking guarantee or outcome claim used.

Full transcript

Start with safety. If you are in immediate danger, contact emergency services. Otherwise, ask about a peace bond and your province's civil protection process. You do not generally need a previous criminal conviction. The right court route depends on the relationship, the risk and where you live.

Describe what happened, when, who was involved and why you fear further harm. Preserve original messages, photographs, witness details, and police file numbers if you have them. Your own account is evidence, a conviction is not a prerequisite. Explain threats, escalation, weapons, and risks to children.

Do not put yourself in danger to collect proof. A peace bond is a preventive court order. The criminal code allows an information to be laid before a justice by, or on behalf of, someone with the specified reasonable fear. Police or a prosecutor may help you with the local process.

The court must assess the legal grounds, reporting an incident does not guarantee an immediate bond. Yes. The law now provides a separate route for reasonable fear of an offence causing personal injury to an intimate partner or the specified children. It normally permits a bond of up to 12 months.

Up to two years is possible with the law's specified prior conviction involving actual, attempted or threatened violence. Explain the actual risk, being separated does not itself establish the test. In Ontario, ask the family court about a restraining order. Eligibility depends on the legal provision and your relationship or child safety circumstances.

A new case generally starts with an application. An urgent motion uses the motion form and an affidavit. Explain why delay or warning the other person creates danger. The judge decides whether proceeding without notice is justified. In British Columbia, a Family Law Act protection order can be sought in Provincial Court or Supreme Court.

The court considers whether family violence is likely and a defined family member is at risk. Provincial Court uses Form 12. You can request a hearing without notice and explain the urgency. Supreme Court has a different process. Do not treat the ordinary notice period as an unavoidable emergency wait.

In Alberta, police can help seek an emergency protection order, including outside court hours. There is also a court and hearing office application route with screening. The legal test requires family violence, a risk it will continue or resume, and urgency requiring immediate protection.

An emergency order must be reviewed in King's bench within nine working days. Keep that review date. In Quebec, apply to the Superior Court for a civil protection order where life, health or safety is threatened. A current government form guides the facts and requested conditions.

The court can make an initial order lasting up to 10 days without the application first being notified to the other person. Longer protection requires notification, an order can ultimately last up to five years. No. Applying without notice does not mean the order or case remains secret.

Be completely candid, including about relevant facts that may weaken your request. Show existing court orders. Ask the Registry or a victim support service about a safe address and service arrangements before filing. Do not personally approach someone dangerous to deliver papers.

Ask for conditions matching the risk, contact restrictions, protected places, safe collection of belongings or arrangements involving children. Imagine needing a child handover while a no-contact order is in force. Show the court every relevant order and ask for lawful arrangements.

Do not assume a new civil order or a private agreement changes existing criminal conditions. Keep a copy, check every condition and confirm who will notify or serve the other person. Record the review, return and expiry dates. Attend the next hearing if protection needs to continue.

Report suspected breaches and seek emergency help for immediate danger. An order is one part of your safety plan, it cannot guarantee that another person will comply. For free general legal information, Legal Hotline's Canada number is on your screen now. Legal Hotline is not a law firm.

Its information line uses AI. Lawyer matching is a separate service, subject to availability and acceptance. For advice on your own situation, speak with a lawyer in your province. In immediate danger, contact emergency services.

Author, publication and corrections

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Legal Hotline is not a law firm. Its free information line uses AI to provide general legal information. Lawyer matching is separate, subject to availability and acceptance. For advice about your circumstances, consult a lawyer in your province or territory.

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