Domestic assault charges in Canada typically come with a protective order or restraining order (no-contact order) that restricts your contact with a partner. While these orders aim to protect the alleged victim, they also affect your living arrangements and daily life.

What is a Restraining Order?

A restraining order is a court order, usually from a family or civil court, that prohibits one person from contacting or approaching another. In a domestic context, restraining orders are commonly used to keep an accused person away from their spouse or partner after an allegation of abuse. 

Restraining Order vs. Peace Bond vs. No-Contact (Bail) Order

• Protective Order: A civil order obtained by someone who fears for their safety, imposing conditions like no contact or staying away from certain places. Breaching it is a crime.
• Peace Bond (Criminal Code s. 810): A peace bond is a protective order under the Criminal Code, often used when no charges are laid. The person agrees to conditions (no contact, no weapons, etc.) for up to one year. Breaching a peace bond can result in criminal charges.
• No-Contact Bail Order: If you are charged with domestic assault and released on bail, the court will usually impose a no-contact condition as part of your bail. This means you must not contact the complainant (and often any children) and usually must stay away from the family home. The no-contact order remains in effect until the case is over or a judge changes it. If you disobey it, your bail can be revoked, and you can be taken into custody awaiting trial.

How Do Restraining Orders Affect Your Life?

A restraining or no-contact order can immediately force you out of your home. You may have to find somewhere else to live for the duration of the order. If you have children, you typically cannot see or communicate with them except through specific legal channels – for example, only through a lawyer or third party for child exchanges or messages.

These orders also heavily restrict where you go and who you talk to. You must avoid any location where the protected person might be (home, workplace, school, etc.), which may force you to change your routine. 

Even indirect contact, such as sending a message through a friend or on social media, is strictly forbidden. 

Consequences of Breaching a Restraining Order

Violating a restraining order or bail no-contact condition is a criminal offence. It is often charged under Criminal Code section 127, which carries up to two years in prison as a penalty for disobeying a court order. 

Breaching a no-contact bail order will likely get you arrested and kept in custody until trial, too. Breaches also hurt your case – it signals to the court that you do not respect legal orders, which can badly affect your standing in criminal proceedings and related family court matters.

The Importance of Strong Legal Guidance

Dealing with a domestic assault charge alongside a restraining order is challenging, but a knowledgeable lawyer can make a crucial difference. 

Your defence lawyer will explain the order’s terms so you don’t accidentally violate them, and can seek modifications if appropriate (for example, to permit some form of child visitation). They will also defend you against the domestic assault charges and protect your rights in court.

For experienced legal guidance, contact Jerry Steele at Steele Law. With extensive experience in domestic assault cases and restraining orders, we can help protect your rights and work toward the best possible outcome.