Project Glossary

One of the goals of our project is to make the law more clear for people in need of protection from intimate partner violence and family violence. Our Project Glossary is an effort to clarify some of the terms that matter for people affected by protection orders.

The Glossary includes simple definitions of key terms used in our Community Survey, our Professional Stakeholder Survey, and other project documents. We acknowledge that many of the terms below are more complex and nuanced than what can be conveyed in a brief definition.

A bail release order with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

If a person has been charged with a crime and is not released from the scene or the police station, the police will hold that person in custody for a bail hearing. If the person is granted bail, they can be released on a release order. In our project, we use the term “bail release order” because the term “bail” is so well-known, and the more technical term “release order” is not as commonly used.

The person who is granted bail may be released on their own recognizance, on a Bail Verification and Supervision Program recognizance, on a surety recognizance, or on a residential surety bail. These options are gradually more restrictive on the individual.

The conditions of a bail release order may restrict what the person granted bail can do, where they can go, and who they can contact. If the criminal charges relate to intimate partner violence or family violence, there will usually be certain protections in the bail release order, like “no-contact” conditions to prevent the person on bail from communicating with the victim-survivor, and “no-go” or “non-attendance” conditions to prevent the person on bail from coming to the victim-survivor’s home. Bail release orders that have these protective conditions fall within the definition of “protection order” that we use in our project.

A person who is ordered to comply with the specific conditions listed in a protection order, which may limit what they can do, where they can go, and who they can contact. They are legally “bound” to follow the terms of the protection order.

A breach is when a person who was ordered to comply with a protection order disobeys or does not follow the conditions of a protection order. This is sometimes called “non-compliance”.

A conditional sentence with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

A conditional sentence is a criminal sentencing order that a criminal court may give to a person who was convicted of a crime. A conditional sentence allows the person to serve their sentence in the community under very strict conditions instead of in jail. Probation and parole officers supervise people who have conditional sentences.

The conditions of a conditional sentence may restrict what the person can do, where they can go, and who they can contact. If they were convicted of a crime relating to intimate partner violence or family violence, there will usually be certain protections in the conditional sentence, like “no-contact” conditions to prevent the offender from communicating with the victim-survivor, and “no-go” or “non-attendance” conditions to prevent the offender from coming to the victim-survivor’s home. Conditional sentences that have these protective conditions fall within the definition of “protection order” that we use in our project.

The conditions of a protection order tell the bound person what they cannot do. For example, the conditions may limit what the bound person can do, where they can go, and who they can contact.

There can also be other conditions in a protection order that the court thinks are necessary to keep the “protected person” safe. For example, the protection order conditions may tell the bound person they cannot use drugs and alcohol, they cannot have weapons, they must be electronically monitored, or they must complete a Partner Assault Response (PAR) program. Different types of conditions are available for different types of protection orders.

Refers to formal or organized processes of working together or communicating with others about protection orders.

Coordination can occur between family and criminal courts and other authorities considering the same situation of intimate partner violence or family violence. Coordination can also exist amongst different professional stakeholders (like between police officers, Crown prosecutors, and Victim Services staff) and between professional stakeholders and victims-survivors, protected persons and bound persons.

Not all criminal sentences are protection orders. But some criminal sentences that have a variety of protective conditions and are commonly used to provide protection from intimate partner violence and family violence (like conditional sentences, probation orders, and parole orders), can be considered protection orders.

Conditional sentences, probation orders, and parole orders are types of sentencing orders that a criminal court may give to a person who was convicted of a crime. If they were convicted of a crime relating to intimate partner violence or family violence, there may be protections like “no-contact” and “no-go” or “non-attendance” conditions in the criminal sentence that make it fall within the definition of “protection order” that we use in our project.

Conditional sentences, probation orders, and parole orders are defined as separate terms in this Glossary.

The duration of a protection order is the length of time it lasts for (and the amount of time the bound person has to follow the conditions of the protection order).

In most cases, the court imposing a protection order decides how long the protection order will last. This choice can depend on a number of factors, such as the frequency and severity of the violence. The duration of a protection order should be written on the order itself.

Some protection orders have a maximum duration. Peace bonds, for example, can last up to 1 year but not longer (though a victim-survivor can reapply for a new peace bond after an earlier one expires).

Protection orders expire at the end of their duration (unless the protection order has a permanent duration, which means it lasts forever).

Some types of protection orders can be renewed or extended before they expire. This process makes the duration of the protection order longer.

An exclusive possession order, or an order for the exclusive possession of the matrimonial home, is a type of family law protection order.

An exclusive possession order issued by a family court says that one intimate partner can stay in, or return to, the matrimonial or family home and the other partner is not allowed on the property. It does not matter whether the home is owned or rented. If there are children, the exclusive possession order normally specifies that the children are also allowed on the property. Most exclusive possession orders are temporary.

Usually, only intimate partners who are legally married can apply for an order for exclusive possession. If you are in a common-law relationship, it is harder to get an order for exclusive possession. It partly depends on whose name is on title or the lease.

An exclusive possession order does not affect the ownership of the home – it only affects who can live there.

An order for exclusive possession does not stop your partner from contacting you at work or anywhere else.

Family violence is when a person uses abusive behaviour to control and/or harm a member of their family, or someone with whom they have an intimate relationship.

Family violence includes many different forms of physical, sexual, psychological and emotional abuse, as well as mistreatment and neglect that a child or adult experiences from a family member or intimate partner.

An intimate partner can be a current or former married or common-law spouse or a dating or romantic partner, whether serious or casual, exclusive or non-exclusive, short-term or long-term, and heterosexual or same-sex. It does not require living together or sexual intimacy.

Also known as domestic violence, intimate partner violence is a prevalent form of gender-based violence. It refers to multiple forms of harm caused by a current or former intimate partner.

Intimate partner violence includes physical, sexual, psychological and emotional abuse, and other controlling behaviours. Intimate partner violence can occur in all types of intimate relationships.

Intimate relationships include current or former married or common-law spouses and dating or romantic partners who are serious or casual, exclusive or non-exclusive, short-term or long-term, and heterosexual or same-sex. They do not require living together or sexual intimacy.

You may sometimes hear the term “no-contact order” to describe different types of protection orders. This is because “no-contact” conditions (meaning conditions that prohibit the “bound person” from communicating with the “protected person”) are so common in all types of protection orders. For example, a bail release order with a no-contact condition and a peace bond with a no-contact condition might both be considered “no-contact orders”.

In our project, we do not use the term “no-contact order” as a catch-all term for protection orders. This is in part because most protection orders can and should include more protective terms than just “no-contact” conditions. It is also because there are important differences between different types of protection orders that cannot be captured by considering them all together.

Instead, in our project we differentiate between the different types of protection orders using more specific legal terms (like considering bail release orders separately from peace bonds), so that we can gather information and make recommendations that are specific to people’s experiences with different types of protection orders.

A parole order with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

A parole order is a criminal sentencing order that a criminal court may give to a person who was convicted of a crime. A parole order is a conditional release from jail that permits the person to serve the remainder of their sentence in the community, under the supervision of a parole officer.

The conditions of a parole order may restrict what the person can do, where they can go, and who they can contact. If they were convicted of a crime relating to intimate partner violence or family violence, there will usually be certain protections in the parole order, like “no-contact” conditions to prevent the offender from communicating with the victim-survivor, and “no-go” or “non-attendance” conditions to prevent the offender from coming to the victim-survivor’s home. Parole orders that have these protective conditions fall within the definition of “protection order” that we use in our project.

A peace bond with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

You can apply for a peace bond against anyone, if you have a reasonable fear that the person will hurt you or your child, share an intimate image or video of you without permission, or damage your property. If the peace bond is granted, it may limit what the other person can do, where they can go, and who they can contact.

You can also be named as a person in need of protection in a peace bond that you did not ask for. If the police investigate a report of intimate partner violence or family violence, they may decide to charge a person with a crime. Sometimes, a Crown prosecutor will offer to withdraw the charge if the person agrees to comply with the conditions of a peace bond. This is known as “resolving a charge by way of a peace bond”, because the charge is resolved without a criminal trial. A peace bond is not an admission of guilt or a criminal conviction.

The peace bond might prevent the person who was charged with a crime from contacting you or coming near you, or it may have other protective conditions to help keep you safe. This can happen even if you did not ask for or want a peace bond, or are not in need of protection.

Refers to a victim-survivor targeted by intimate partner violence and/or family violence who may choose to apply for a protection order to help keep them safe. Also includes a person who is “named as a person in need of protection in a protection order”, meaning that the conditions of the protection order prohibit the bound person from doing certain things in relation to the person in need of protection. See also the definition for protected person.

A probation order with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

A probation order is a criminal sentencing order that a criminal court may give to a person who was convicted of a crime. A probation order is an alternative to jail because it allows people to serve part of their sentence in the community. It may involve reporting to a probation officer. A person who gets a conditional discharge, a suspended sentence, or an intermittent sentence will always have a probation order that they must follow.

The conditions of a probation order may restrict what the person can do, where they can go, and who they can contact. If they were convicted of a crime relating to intimate partner violence or family violence, there will usually be certain protections in the probation order, like “no-contact” conditions to prevent the offender from communicating with the victim-survivor, and “no-go” or “non-attendance” conditions to prevent the offender from coming to the victim-survivor’s home. Probation orders that have these protective conditions fall within the definition of “protection order” that we use in our project.

A person who is supposed to be protected by a protection order.

Sometimes, this occurs when a victim-survivor applies for a protection order and is granted one. The conditions of the protection order may require the person causing harm not to do certain things in relation to the victim-survivor (for example, not to contact them or come to their home). The victim-survivor who applied for the protection order becomes the “protected person” when the protection order is granted, and the person causing harm becomes the bound person who must comply with the conditions of the order.

Other times, government authorities may decide to impose a protection order on someone who is causing harm without an application from a victim-survivor. If the protection order prohibits the person causing harm from doing certain things in relation to the victim-survivor (for example, not to contact them or come to their home), the victim-survivor is still referred to as the “protected person” (even if the protection order was imposed without their request, and even if they are not in need of protection).

The term “protected person” is imperfect, in part because it implies that protection orders always serve to protect victims-survivors. This is untrue. We know that protection orders are frequently breached. However, “protected person” is a useful shorthand term to refer to the person who is supposed to be kept safe from intimate partner violence and/or family violence through the creation of a protection order.

There is no universal definition of a “protection order”, and there is no technical court order in Ontario called a “protection order”. Instead, in our project, we use the term “protection order” to describe different types of legal orders that are commonly used in cases of intimate partner violence and family violence, to prevent future violence. We consider orders to fit within the definition of a “protection order” for the purposes of our project if they are commonly sought or routinely imposed for a primary (not residual) purpose of providing protection from intimate partner violence, and if they can be crafted with a range of protective conditions that restrict what the bound person can do in relation to the victim-survivor (more than just “no-contact” prohibitions).

There are different types of protection orders that meet this definition in different provinces and territories across Canada, and even more in other countries. Different types of protection orders usually have different names. Our Glossary defines the most common types of protection orders that people in Ontario will encounter: restraining orders, peace bonds, bail release orders and undertakings, exclusive possession orders, and criminal sentences with protective conditions (like conditional sentences, probation orders, and parole orders).

Refers to the variety of institutions, systems, and professional stakeholders involved in protection orders processes. This includes family courts, criminal courts, lawyers, police, intervention program staff, frontline service providers, and more. We refer to it as a “landscape” rather than a protection order “system” because there is currently no organized system of protection orders in Ontario.

At least five First Nations in Ontario have enacted their own community-specific matrimonial real property laws under the Family Homes on Reserves and Matrimonial Interests or Rights Act. These laws include protection orders and related provisions to protect Indigenous people from intimate partner and family violence.

For First Nations who have not yet enacted their own matrimonial real property laws, the federal Family Homes on Reserves and Matrimonial Interests or Rights Act sets out provisional rules that apply across Canada. These include rules for emergency protection orders (which are not currently available in Ontario, because Ontario has not appointed the “designated judges” who are required to hear these applications) and exclusive occupation orders.

A person who defends themselves against a protection order. Once a protection order is in place, the respondent becomes the bound person who must comply with the conditions of the protection order (as in, they are “bound” to follow the terms of the protection order).

Approaches to justice that are focused on community healing and accountability.

Restorative justice processes seek to centre victims-survivors’ voices and agency in order to understand, acknowledge, and address harms, identify needs, and repair relationships and trust for affected individuals and communities.

Transformative justice builds on restorative justice by seeking to understand and transform the broader context that contributed to the harms, to help prevent future violence.

Most restraining orders are types of family law or child protection law protection orders that may limit what someone can do, where they can go, and who they can contact. There is also a special type of restraining order available in human trafficking cases.

You can apply to a family court for a restraining order against your intimate partner if at least one of these is true:

  • you were married to your partner,
  • you lived with your partner for any length of time, or
  • you have a child together.

You must prove you have a reasonable fear that your intimate partner might harm you or a child in your custody.

You may sometimes hear the term “restraining order” used to describe another type of protection order (for example, sometimes people mix up “restraining order” with an undertaking given to the police not to contact an intimate partner). “Restraining order” is a common term that is easy to understand, so it tends to be used to describe a lot of different types of protection orders.

Technically however, in Ontario a restraining order is a type of family law or child protection law protection order, or a protection order used in human trafficking cases. Here are a few ways to know if the protection order you have is really a restraining order:

  • To get a restraining order, you have to apply for one. If you have a protection order but you or your lawyer has never written an application for a restraining order to a family court (or in a child protection or human trafficking case), you do not have a restraining order. You have a different type of protection order.
  • A restraining order can only be granted by a family court (or in the child protection or human trafficking context). If your protection order came through the police or a criminal court and is not a human trafficking restraining order, it is not a restraining order. It is a different type of protection order.
  • Other than in child protection and human trafficking cases, a restraining order can only be granted to a spouse, former spouse, or someone who has cohabitated with or has a child with their intimate partner. If you have a protection order but you do not meet these criteria, your protection order is not a restraining order. It is a different type of protection order.
  • A restraining order cannot be converted into another type of protection order. Protection orders granted by family courts (restraining orders and exclusive possession orders) are separate from criminal court protection orders (like undertakings given to the police, bail release orders issued after bail hearings, or peace bonds).
  • If your protection order came about because your intimate partner was arrested and charged with a crime, it is probably not a restraining order. It is likely one of the types of criminal protection orders described in this Glossary.

This clarification is important in our project for a number of reasons. First, when we ask questions about “restraining orders” in our surveys, we are trying to get precise information about how people have experienced family law restraining orders. We ask different questions to gather similar information about criminal law protection orders, so it is important that we draw clear distinctions between the different types of protection orders.

Second, when we make our final recommendations about how to improve protection orders, we may make specific recommendations relating to family law restraining orders that will not be relevant to other types of protection orders.

An undertaking with protective conditions to prevent intimate partner violence or family violence is a type of criminal law protection order.

If a person causing harm has been charged with a criminal offence, the police have the discretion to release them from the scene or the police station, with or without conditions, before a bail hearing. In these circumstances, the person causing harm may be released on an undertaking given to a police officer.

The person “undertakes”, or agrees to, follow certain conditions when the police release them. The undertaking may restrict what they can do, where they can go, and who they can contact.

No one word or term can define the realities of every person affected by gender-based violence. We respect and honour the language people choose to describe their own experiences.

In our project, where we seek to explore a diverse range of experiences and perspectives, we use the term “victim-survivor” to refer to individuals who have lived experience of intimate partner violence, family violence, or other forms of gender-based violence.

We use both “victim” and “survivor” as a way to acknowledge that people may identify with one or both of these terms, and that different situations or contexts may call for the use of one or the other (for example, our law reform project recognizes that the term “victim” is commonly used to describe someone interacting directly with the criminal legal system). The joint terms hold space for multiple truths: we validate the gravity of traumatic experiences, and we affirm the ability of people to thrive beyond traumatic events.

We use the single term “victim” in our project to refer to women and children whose lives were taken by acts of gender-based violence.