Can You Get a Restraining Order for a Harassing Neighbour?

You live in a great home, in a neighbourhood you love. The only problem is that one neighbour. His or her behaviour goes beyond just being a jerk – this person has threatened you and/or your family members repeatedly. You’re becoming afraid for yourself and/or your family as well as your property.

What can you do to protect yourself? Read on to learn about getting a restraining order against a harassing neighbour.

What Is a Restraining Order?

In Ontario, a restraining order is a legal document that places limitations on your current spouse or partner or your former spouse or partner in the event that you’re afraid he or she will hurt you or your children. Read more about the restraining order laws in Ontario here.

A restraining order can only be taken out against a current spouse or partner or a former spouse or partner. Here’s how to apply. You can’t request a restraining order against a harassing neighbour. That being said, there are still legal avenues you can pursue to protect yourself against someone who’s threatening you with whom you don’t have (or had in the past) an intimate relationship.

Peace Bonds: Legal Protection against Harassment

A peace bond is another type of no contact order (which is a legal document that limits what a person that you feel is threatening you or your family can do). It’s intended for situations in which someone who isn’t or hasn’t been your spouse or partner makes you feel unsafe.

Peace bonds and restraining orders are similar in their goal. Also, they’re both issued by the court. However, there are some differences of which you should be aware before you apply for one.

What’s the Difference between a Peace Bond and a Restraining Order?

Aside from the difference in the person that these orders protect you from, there are a few other disparities.

Duration

To start, the duration of a restraining order can range from a few years or forever. A peace bond, on the other hand, can only last for a year. If your neighbour is still a threat to you after that period has ended, you’ll have to apply for another peace bond.

Filing location

Secondly, the application processes for these two orders isn’t the same. For a restraining order, you fill out an application at your local family court building. To obtain a peace bond against someone, you’ll also need to go to court, but instead of filling out an application, you have to speak with a Justice of the Peace.

Time to be issued

A third contrast between the two orders is the amount of time it takes for them to be issued. It can take several weeks for the courts to issue a restraining order, while it might take anywhere from a few days to several months for the subject of a peace bond to receive it.

Protection of your property

Finally, your application for a restraining order won’t be successful if you’re looking to protect your property. For example, you can’t go to the court and ask for a restraining order against your ex because he or she has threatened to vandalize your car. Conversely, if your neighbour has repeatedly warned you that he or she is going to trample your flower bed, a peace bond will protect you against that menace.

Turn to a Legal Expert for Help in Preparing a Restraining Order

If you’re worried that your former or current spouse or partner will harm you and/or your children, a family lawyer with experience in domestic violence and criminal charges can help you apply for a restraining order to keep you safe. A legal professional helps you navigate complex situations to protect your rights and your safety.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

Book a free private phone consultation with one of the lawyers at our fimr. Or call us at the phone number at the top of the page.

Other FAQs about Restraining Orders and Peace Bonds in Ontario

Why would an individual obtain a restraining order against a person?

There are two basic reasons as to why an individual would obtain a restraining order against a person. One of the reasons would be protection against harassment while the other would be for security reasons. Legal experts suggest that it’s important to consult your lawyer before applying for a restraining order. He or she will help you know what kind of protection you need.

Read more about the top 5 reasosns of getting a restraining order.

What steps do I need to follow to get a restraining order in Ontario?

If you’re looking to get a restraining order in Ontario, you can use the following steps in order (Contact your Lawyer, Visit the Court, Notify the Defendant and Attend the Hearing)

What are the benefits of a restraining order?

With a restraining order in place, you can rest assured that you won’t be bothered by the offending person in your daily life. This can provide a great sense of relief for many people who have lived with stress and fear on a regular basis. A restraining order ensures that you will remain safe and that if the restraining order is violated, there will be legal consequences for the person whom the order is issued against.

Why would a restraining order be denied?

A restraining order is mainly denied because the judge believes the petitioner did not show evidence of a serious threat or harm by the defendant.