
The following National Spousal Abuse FAQs are provided by the Legal Studies Program. Funded by the Department of Justice Canada. Warning: The contents of these FAQs are intended as general legal information only. If you have a personal problem, please consult a lawyer.
Apart from an order for exclusive possession of the home, is there any other way I can restrict my partner from being near to me? You can apply to the court for a restraining order particularly if abuse is present in the relationship. Laws differ as to the requirements for obtaining a restraining order. A restraining order is a court order which prevents your partner from annoying, molesting or harassing you or your children. The order has to be enforced by the police so that it is advisable to carry a copy of the order with you in case you have to call for help. You can also register a certified copy of the order with your local police. An alternative is to apply for a peace bond, which is an order issued by a criminal court requiring your partner to keep the peace and observe any other conditions that may be set out in the bond. As with a restraining order it is advisable to carry a copy of the peace bond with you. A judge has the power to order that your partner stay away from specified places such as your home, workplace, schools family houses for a certain period of time. Breach of the order is a criminal and civil offence.