Restraining Orders and Peace Bonds

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@CanadaGal (4304)
Canada
May 8, 2008 5:00pm CST
Here in Canada, Restraining Orders and Peace Bonds are the same thing for the most part. The difference is that a Peace Bond is a restraining order requested via criminal courts and can only last for one year at a time (it can be renewed, but a brand new application must me made to the courts, and the process started all over again), and the Restraining Order is a peace bond requested via family courts, but can last indefinitely if need be. Both are court orders for a person to stay away from another person or persons, because those making the request are in sincere fear of their own safety from the person the order is on. We most often hear about them because of family court issues.... a husband and wife split up, there are big fights, (stereotypically) the husband makes threats on the wife and she fears for her own safety. Then she goes through the courts to get an order put on him so that he cannot come within a certain distance of her at any time or under only limited circumstances. One of the standard limitations is for the person to stay away from the other person's place of residence; to not be within a one block radius at any time. Failure to meet the conditions set out in the order can and will result in an arrest and possible jail time for violation of a court order. I have never been put on a restraining order or peace bond, but I have requested one of each. The restraining order was against my husband when I left him in November 2002, because I feared for my safety and the safety of our children. It was not an indefinite order, and was removed once certain criminal charges against him were dealt with (that took about 2 years). Then in 2006, I went through months and months of a process to get a peace bond on behalf of my then 7 year old son, against a former babysitter who had hurt him a few years prior (it was an historic case, and because it wasn't disclosed until a few years after the fact, the police and other agencies suggested that following through with criminal charges would likely cause more harm than good in the long run). The peace bond lasted for one year, and when the year was up, my son and I talked about it and made the decision to not reapply right away (that was 1 1/2 years ago now, and that person has moved away and is no longer an issue). Have you ever had a restraining order or peace bond placed on you by a court? Have you ever requested one be put on someone else? Do you know anyone who has had to go through either process? Is there a story there you would like to share about it?
3 responses
• United States
9 May 08
Here in PA they are called protection from abuse (PFA's) and restraining orders but are both exactly as you described. I had a PFA filed against me when "some guy I used to know" )but for the purpose of this discussion and since I love the word, I will call him nukfuts for the duration of my comment)wanted to get custody of my 18 day old baby. I threw him out and he ran to the county court house saying I assaulted him and shook my baby because he wouldn't stop crying. The courts gave nukfuts custody of my son for 10 days until the hearing was set to hear the case. I was found not guilty of assaulting nukfuts and not guilty of any child abuse and no PFA was entered against me but the judge wouldn't make nukfuts give my son back to me because "a father has just as much right to raise a child as a mother does and I could file for custody if I wanted my son back." That just wasn't going to happen so I devised a rather inventive way to get my son back and 2 days after the hearing my baby was back in my arms. On the flip side, when I threw nukfuts out again (yeah I don't need the "are you really that stupid lecture") the end of December of 2006 I really thought we were going to be able to be amicable in regards to my kids. I let him come up a month later and stay in my house with the kids while I spent the weekend with my boyfriend. I got a call around 11 that Saturday night that my avatar couldn't breath and wouldn't stop crying, so I rushed home. When I got home she was fine but I decided to stay at my house that night just in case there really was something wrong with her. My boyfriend left and I ran to the bathroom to pee since I was bloated, had cramps, and my eyeballs were floating. No sooner did I drop my pants did nukfuts come barreling into the bathroom screaming at me calling me all sorts of nasty names that I couldn't even begin to type here thanks to the language filter. He slapped me across my face while I was still going to the bathroom then cornered me in the bathroom while he continued to scream at me. We fought the whole way through the dining room into the living room and he was standing in front of the door so I couldn't get out and proceeded to continue to kick my @$$ right in front of my avatar who was in her swing through the whole thing. To make a long long story short he ended up throwing me out of the house with no jacket on at the end of January after midnight in the snow. I walked/limped the 6 blocks to the police station only to find that there weren't any cops there when I arrived. They were at my house because a call came in from 911 that the "female of the residence was drunk and high and had come home and assaulted the man who was there for his visitation." So I had to walk/limp my way the whole way back up to my house. When I got there 3 cops were standing outside waiting for me and one of them asked me what had happened but while I was telling him another came out of the house and said I was lying and probably drunk and they wanted to arrest me. I glared at him and told him to give me a blood test and breathalizer right there on the spot and the only damn thing they were going to find would be midol! I made the sergeant call the officer who was on duty the night I had thrown nukfuts out in December and after he showed up everyones tune changed. The cops escorted nukfuts to the local Salvation Army because he claimed he had no money and no place to stay. Not 30 minutes later nukfuts was back on my front porch trying to get into the house. The cop who initially thought I was drunk and lying arrested him on the spot and the "assault" charges that no one was going to press turned into assault, harassment, trespassing, disorderly conduct, and disturbing the peace charges. I got a 1 year PFA against nukfuts 3 weeks later (which could have been entered up to 2 years but I didn't think he was going to be a problem after my boyfriend threatened to rip his f'in head off right in front of the cops who "didn't hear a thing") and I patiently awaited his criminal trial. He agreed to a plea deal that he would plead guilty on the assault as long as the other charges were dropped (he has a criminal record in another state for assaulting me previously)but then the genius didn't show up for his sentencing hearing. There is now a warrant out for his arrest in PA and the plea deal is off of the table. If PA ever catches him I hope he is ready to do some significant jail time and pay one healthy fine.
1 person likes this
@CanadaGal (4304)
• Canada
9 May 08
Situations like yours is exactly why the orders are in place nowadays. Thank goodness! I hope they catch his sorry butt too. He most definitely IS a "nuckfuts". I'm glad you like the nickname... it resonates with people, and everyone who has had one in their life wants to use it. Hmmm... maybe I should make a wikipedia entry for "nuckfuts"... and then anyone who has had one can upload his picture? hehehe.
• United States
9 May 08
I have stories that would turn a black cauldron white. The OMG is sufficient.
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@tessah (6617)
• United States
8 May 08
havent ever hd one placed on me.. but did have one taken out on another. ex of mine didnt take too kindly to being kicked to the curb.. and decided that if he couldnt have me.. no one would. typical phsycotic drunken behavior... i didnt have to go through as much redtape as you did however.. thanks to the tracy thurman laws, stalking and threats are taken quite seriously now. the restraining order however didnt phase the ex much, and i had to send my daughter away for her safety and put myself into a safehouse until he was arrested. after a bit of playing hide & not-be-sought, i got tired of being the one locked up and played bait for the police. antogonized the jerk, got him into action to come on down and kill me.. and the cops finally grabbed him. he went to jail for two years.. and by the time hed gotten out, the order was no longer in affect (same as you, they only last a year) by then id moved and didnt need to worry about it any more.
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@CanadaGal (4304)
• Canada
9 May 08
I never actually had my ex husband go after me, but he was a time bomb ticking, and I really was afraid that he would lash out and go kaboom, ergo the order. It was on the temporary court order when the criminal charges against him were being dealt with. By the time the 2 years was up with that, I had rebuilt much of my self esteem and did not feel the need for the restraining order anymore. So when the final court order was in place, that was not a part of it. I'm sorry you had to deal with a psycho ex. Bittersweetly, you are not the only one. There's an odd comfort in that, I know.
@tessah (6617)
• United States
9 May 08
there is, and i thank you.
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@winterose (39887)
• Canada
9 May 08
I had considered one once to be put on my son when he was acting out, he was over 18. But I decided against it and that was okay things settled down after that.
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@CanadaGal (4304)
• Canada
9 May 08
If my boys were to act out in such a way that I feared for my safety, I would get one put on them too. I'm glad to hear that things settled on their own, and you didn't have to go through that process.