When a domestic allegation surfaces in Toronto, people are often left juggling no-contact orders, residence restrictions, and discussions about a peace bond. Here’s a plain-English guide to what each order means—and how to change strict conditions without risking a breach.
Peace bond vs. bail vs. undertaking: what’s the difference?
- Peace bond (s. 810): A preventive order to keep the peace and be of good behaviour, often with no-contact or stay-away terms. It’s not a conviction, but breaching it is an offence. See s. 810 peace bonds. Peace bonds are an option often presented to an accused, in appropriate cases, in lieu of a guilty plea.
- Bail/release order: Conditions imposed by a judge after you’re charged (e.g., no-contact, curfew, reporting). These remain in effect until the case is completed.
- Police undertaking: Conditions set by police immediately after an arrest. You will be released from the police station with a court date, and avoid having to appear before a judge for a bail hearing.
Not sure what you have or what to do next? Start with I’ve Been Arrested, What Should I Expect? and meet the team on Lawyer Profiles.
Common domestic-related conditions (and daily-life impact)
In domestic files, typical terms include:
- No-contact / no-go with the complainant (in person, text, social media)
- Residence requirements (live with a surety or at a specific address)
- Curfew/house arrest. Usually reserved for more serious cases or allegations of breaches of conditions.
- Counselling (e.g., addictions, anger management)
- Temporary weapons prohibitions
Context pages you may find helpful: Domestic Assault, Sexual Assault, and Weapons Charges.
Can you vary or lift a no-contact or other condition?
Yes—two main routes:
- Consent variation. Your lawyer asks the Crown to agree to targeted changes (e.g., adding third-party-only contact for parenting or easing/removing a curfew). When there’s consent, a release order can be varied under Criminal Code s. 519.1.
- Contested variation. If consent isn’t possible, your lawyer can bring the issue back to court with evidence (employment letters, treatment confirmations, parenting schedules, proof of a stable address). If the original release was before a judge, then a variation requires a Bail Review in the Superior Court. If the release was from the police station, then a variation application can be done before a judge of the Ontario Court of Justice. This procedure is more streamlined, and less costly, than a Bail Review.
For next steps or to speak with counsel, use Contact Us.
When a peace bond makes sense—and when it doesn’t
A peace bond can resolve a file without a trial when the Crown is open to it. It typically lasts up to 12 months and may include no-contact, counselling, or stay-away provisions. It’s not an admission of guilt, but it does impose conditions you must follow. If the complainant is agreeable, a peace bond can include an exception to a no-contact order “with the written revocable consent” of the complainant.
Good candidates often include low-risk first-time situations where the allegations don’t involve injuries, or the presence of a child during the alleged assault, etc. A peace bond is less likely to be agreeable by the crown if there are injuries, the accused has a previous conviction, or there are multiple allegations over a period of time. For options, see Peace Bonds and Restraining Orders and, where allegations are disputed, Falsely Accused Of A Crime in Toronto.
How to prepare a strong variation request (what persuades)
- Safety plan: Request a variation that allows for narrow and specific purposes. For example, communication and/or contact only for the purposes of facilitating visits with the children; to discuss parenting issues; through counsel for family court purposes; or for family counselling purposes.
- Supports: Letters confirming family court agreements or orders; counselling or treatment
- Surety involvement: If you are on bail with a surety, show how they will monitor compliance
- Specifics: Identify exactly which clause you want changed and why—your lawyer will craft the precise wording
For a firm overview, see Toronto Criminal Lawyers With 60+ Years of Experience.
FAQs
Is a peace bond a criminal record?
No. It isn’t a conviction, but breaching it is a criminal offence. The legal framework is in s. 810 of the Criminal Code.
Can I text the complainant about kids or property?
Not unless your bail/probation peace bond order permits it. Most orders prohibit direct or indirect contact with certain stated exceptions (if applicable). If you wish a change, then your lawyer must first obtain a formal variation. Start by reaching out via Contact Us.
Who can ask for a variation?
Your lawyer can pursue a consent variation with the Crown or bring a motion if consent isn’t available. With consent, s. 519.1 provides the mechanism to change a release order.
Need help now?
Call a criminal defence lawyer in Toronto at The Criminal Law Team. We’ll move quickly to propose safe, workable changes to your conditions—or negotiate an appropriate peace bond—while protecting you from an avoidable breach and keeping your case on track.
