What Is an 810 Peace Bond in Ontario?

Being named in a Peace Bond Application, or asking the court for one yourself, raises questions that go well beyond the hearing date. A Peace Bond under section 810 of the Criminal Code is a preventive court order (the “Order”) that requires the person named to keep the peace, be of good behaviour, and follow court-imposed conditions for a set period. No finding of guilt is entered, and no conviction is recorded. Ontario Courts can issue an Order under six different sections of the Criminal Code, each covering a different kind of feared harm, all of which are addressed below.

Types of Peace Bonds Under the Criminal Code

Six statutory peace bond provisions apply in Ontario criminal proceedings:

•   Section 810 — General Peace Bond: Available where a person has reasonable grounds to fear that another person will cause personal injury to them, their intimate partner, or their child; damage their property; or commit certain offences, including the non-consensual sharing of intimate images under s. 162.1 of the Criminal Code. Anyone may apply — not only the Crown. In practice, most arise as a negotiated resolution to a criminal charge, where the Crown withdraws the charge once the accused agrees to the Order. Maximum: 12 months.
•   Section 810.01 — Criminal Organization Offences: Applies where there are reasonable grounds to fear a person will commit a criminal organization offence. Maximum: 12 months, or 24 months where the person has a prior conviction for a criminal organization offence.
•   Section 810.011 — Terrorism Offences: Applies where there are reasonable grounds to fear a person will commit a terrorism offence. Conditions may include surrender of a passport, electronic monitoring, and geographic restrictions. Maximum: 12 months, or up to five years where the person has a prior conviction for a terrorism offence.
•   Section 810.1 — Sexual Offences: Applies where there are reasonable grounds to fear a person will commit a specified sexual offence against a person under 16. Conditions can include no contact with anyone under 16, restrictions on internet use, and exclusion from parks, schools, and daycare centres. Maximum: 12 months, or 24 months where the person has a prior conviction for a sexual offence against a person under 16.
•   Section 810.2 — Serious Personal Injury Offences: Applies where there are reasonable grounds to fear a person will commit a serious personal injury offence involving the use or attempted use of violence. Maximum: 12 months, or 24 months where the person has a prior conviction for a serious personal injury offence.
•   Section 810.03 — Intimate Partner Violence: Introduced by Bill S-205 (Royal Assent October 10, 2024; in force April 8, 2025). Applies to intimate partner violence and threats involving children. A complainant, police officer, family member, or any other person may apply where there are reasonable grounds to fear a personal injury offence involving an intimate partner or child. The Court must consider a firearms prohibition in every case. An acquittal on a related criminal charge does not prevent a separate application: a peace bond is a freestanding preventive proceeding, so a person who still meets the two-part fear test can apply for the Order on its own. Maximum: 12 months, or 24 months where the person has a prior conviction for a violent offence involving an intimate partner or child.

The Legal Standard and How the Process Works

The test for granting an Order under any of these provisions is two-part: the complainant’s fear must be subjectively genuine and objectively reasonable on the evidence.

Where a criminal charge is pending, the Crown may offer to withdraw the charge during disclosure and negotiations if the accused agrees to the Order. The accused does not admit guilt, and the charge is withdrawn once the Order takes effect.

Where no criminal charge exists, the complainant swears a written information before a justice of the peace. The Respondent is served with notice, and both parties attend a hearing in the Ontario Court of Justice. If the two-part test is met, the Order issues.

The person subject to the Order must pledge a recognizance, typically between $500 and $1,000. If conditions are breached, the pledge may be forfeited.

Conditions the Court May Impose

Standard conditions include:

•   Keep the peace and be of good behaviour
•   No contact or communication with the complainant by any direct or indirect means
•   Prohibition from attending specified locations, including the complainant’s residence, workplace, or school
•   Prohibition on possession of firearms, prohibited weapons, restricted weapons, and explosive substances
•   Surrender of firearms licence and all existing firearms
•   Electronic monitoring in serious cases under ss. 810.2 and 810.011
•   Reporting to a designated person at specified intervals
•   Mandatory counselling or treatment programs
•   Geographic restrictions on travel

Breach, CPIC, and Record Implications

Breach of any condition is a criminal offence under s. 811 of the Criminal Code. A person who breaches a condition may be arrested, detained for a bail hearing, and prosecuted. On conviction as an indictable offence, the maximum penalty is four years’ imprisonment. A breach conviction is a separate criminal record entry from the original matter.

CPIC retains a record of the Order for its duration. A standard criminal record check does not disclose it, but a vulnerable sector check does, and vulnerable sector checks are required for positions involving children, seniors, healthcare, and teaching. Local police may also retain internal records after the Order expires.

US entry can become more difficult because US Customs and Border Protection has access to Canadian Police data through information-sharing arrangements and may treat an Order as grounds to deny entry. Get legal advice before attempting to cross the border.

Immigration proceedings, including visa applications, permanent residency, and citizenship, can also be affected. The impact depends on the underlying matter, the conditions imposed, and immigration status at the time of application.

File destruction is not automatic. If someone was fingerprinted in connection with a charge resolved by an Order, those fingerprints and photographs stay on file with the relevant police service after the Order expires, and a separate application is required to remove them.

Peace Bond vs. Restraining Order

•   A Peace Bond is a federal criminal law remedy under the Criminal Code.
•   A Restraining Order is a provincial family law remedy under Ontario’s Children’s Law Reform Act or Family Law Act.
•   Breaching an Order is prosecuted under s. 811 of the Criminal Code and carries a maximum of four years’ imprisonment.
•   Breaching a Restraining Order may be prosecuted under s. 127 of the Criminal Code or treated as contempt of court in the family proceeding.

How Foote Law Can Help

Foote Law believes you should never have to navigate a Peace Bond Application without understanding exactly what is at stake, and our representation is built around that principle. We act for clients on both sides of these proceedings: defending against a peace bond application or a related criminal charge, and applying for an Order on behalf of someone who genuinely fears for their safety. 

Where the Crown has proposed a Peace Bond as a resolution to a pending charge, we negotiate the conditions and walk you through what agreeing to the Order will, and will not, affect, including its consequences for CPIC, immigration status, and travel to the United States. We also represent clients at Peace Bond hearings in the Ontario Court of Justice, defend breach of recognizance charges under s. 811 of the Criminal Code, and handle file destruction applications once an Order expires.

Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.

Have Questions About a Peace Bond? Call Foote Law

Every situation is different, and the appropriate next step depends on the facts of your case . If you have been served with information, asked to agree to an Order, or need to apply for one yourself, call Foote Law in Orangeville at 519-940-8309.

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