Form 10 – Release Order

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 10 – Release Order?

A Form 10 – Release Order is a court order for bail. It sets the terms for your release from custody while your case moves forward. A judge or justice signs it. It tells you when to appear in court. It lists any conditions you must follow in the community.

You use this form after an arrest for a criminal charge. The court issues it when it agrees that you can stay in the community. The order aims to manage three risks. Will you come to court? Will you commit a new offence? Will you interfere with witnesses or evidence? The conditions in the form target those risks.

This form is part of the bail process in Ontario. Police may release you at the station using other documents. If they keep you for a bail hearing, the court uses a Form 10 if you are released. If the court detains you, there is no release order. If you later succeed on a review and are released, the court issues a new Form 10.

Who typically uses this form?

You do, as the accused person. Your lawyer or duty counsel helps draft proposed terms. The Crown Attorney reviews and may consent or oppose. A proposed surety may be listed if required. Court staff enter the details. The judge or justice approves and signs. Police get a copy to enforce conditions. You and any surety must sign to show you understand.

You need this form to secure your release. It proves the court authorized your release. It sets your next court date. It spells out your daily rules. Employers, schools, or treatment providers may ask for proof of your conditions. The form is your proof.

Typical usage scenarios

• You are charged after a domestic incident. You stay in custody overnight. The next day, the court holds a bail hearing. The judge releases you on a Form 10. It includes a no-contact condition with the complainant. It includes a residence condition with your aunt as surety.

• You are charged with theft under. The Crown agrees to a consent release. The court issues a Form 10 with a promise to appear and a keep-the-peace condition. You must return to court in four weeks.

• You are charged with impaired driving. You have a record. The judge wants a curfew and a driving ban as conditions. The Form 10 sets those terms and identifies your nightly hours.

• You were detained last week. Your lawyer brought a review in a higher court. The review judge orders your release with tighter conditions. The court issues a new Form 10 with those terms.

The release order is a living roadmap for your time in the community. It tells you exactly what you can and cannot do until your case ends.

When Would You Use a Form 10 – Release Order?

You would use a Form 10 when a court releases you after an arrest. You see this form after a bail hearing, a consent release, or a bail review. If police release you from the station, you may not see a Form 10. But once the court is involved in bail, the release uses this form.

Here are practical situations:

You are held for a show cause hearing. The Crown seeks detention or strict conditions. Your lawyer proposes a plan. You present a surety, stable housing, and a job letter. The judge accepts the plan. The court issues a Form 10 that sets your curfew, no-contact, and reporting rules. You sign it before you leave custody.

You and the Crown reach a consent release before the hearing starts. You both present agreed conditions to the court. The judge reviews the terms for legality and necessity. The judge signs the Form 10 and releases you that day.

You were detained due to concerns about reoffending. Two weeks later, you bring a bail review with new information. You now have a treatment bed and a responsible surety. The reviewing court grants release. A new Form 10 replaces any prior detention order.

You have serious charges that require a higher court to handle the bail. That court conducts the hearing and sets release terms using this form. The release order still looks familiar. It still sets dates, conditions, and any surety obligations.

You face a failure-to-comply charge because you broke a condition. You may be arrested on that charge. The court can issue a new Form 10 if it releases you again. The new order may add tighter terms. It may require a different surety or a cash deposit.

Typical users include accused people of all backgrounds. Lawyers and duty counsel draft and negotiate terms. Crowns test each condition for necessity and fit. Judges or justices approve the final order. Sureties are often family or close friends. They promise to supervise and pledge a set amount. Court staff and police rely on the form for enforcement.

If you think a condition has become unworkable, you do not write on the form. You apply for a change. The court can vary conditions. If the court agrees, it issues a new Form 10 with updated terms. You must follow the current order until that change is made.

Legal Characteristics of the Form 10 – Release Order

A Form 10 is legally binding. It is a court order. A judge or justice issues it after considering legal factors. It applies until the court changes it or your case ends. If you break a condition, you risk a new criminal charge. You also risk being detained until trial.

What ensures enforceability? First, the form must be complete and clear. It must identify you, the charges, and the courthouse. It must set a next court date. It must list each condition in specific terms. Vague or unfair conditions are avoided. Conditions must be necessary. They must be tailored to the risks.

Second, the form must be properly signed and dated. The judicial officer signs it. You sign to show you understand. Your surety signs, if one is required. The amount pledged by the surety is recorded. If there is a deposit, the amount is listed. Court staff file the original and provide copies.

Third, the conditions must be lawful and proportionate. The court follows a ladder approach. It starts with the simplest form of release. If that is not enough to manage the risks, it adds only what is needed. Financial terms are not used to keep you in jail. The court chooses the least strict measures that still protect the public and the process.

Fourth, you must be told what the order means. The judge or justice explains the conditions in plain language. This helps you understand what is allowed and what is not. Your signature confirms that you received that explanation.

General legal considerations include:

• Each condition should connect to a valid concern. Examples include safety, attendance in court, or protection of evidence.

• Conditions must be clear. “Do not contact” conditions list names. Curfew conditions set specific hours. Geographic limits name boundaries.

• Conditions must be practical. The court tries to avoid setting you up to fail. If a condition blocks essential work or care, the court looks for a safer alternative.

• Treatment conditions need your consent. You cannot be forced into treatment. You can agree to it to support your plan.

• If you need to travel, ask the court to address that. The form can include travel windows or exceptions.

• Weapons and substance conditions must be specific. The order may require a surrender to police. It may bar possession of weapons, ammunition, or certain tools.

• A surety’s role is serious. A surety must understand duties and risks. If you breach, the surety risks the pledged amount. The court may forfeit all or part of it.

• If you follow the order, you stay on release unless your case changes. If your case resolves, the order ends. If you plead guilty and receive a jail sentence, your release ends that day.

• If police arrest you on a breach, you may face new bail decisions. The court can cancel your release. It can set stricter terms or detain you.

The release order is a key record in your file. It guides your daily conduct. It also guides police and the court. Keep a copy with you. Share it with your surety. Review it often to avoid mistakes.

How to Fill Out a Form 10 – Release Order

In most cases, court staff prepare the form from the judge’s directions. You still need to understand each part. You need to provide accurate information. You must review it before you sign. Here is how to complete it, step by step.

Step 1: Court heading and file details

• Confirm the court name. This will show the correct level and location.
• Confirm the court address.
• Confirm the court file number and any related numbers.
• Ensure the date and location of the order are correct.

Step 2: Your identity

• Confirm your full legal name. Include any aliases if they appear on the charge.
• Confirm your date of birth.
• Confirm your current address. Use the address approved in the bail plan.
• Confirm your phone number and email, if listed.
• If you do not have a stable address, speak up. The court may adjust wording.

Accuracy in this section avoids arrest due to clerical errors. Police will use this data.

Step 3: Charges and next appearance

• Check that each charge is listed correctly.
• Confirm the count numbers match the information or indictment.
• Confirm the courthouse, date, and time of your next appearance.
• Confirm the courtroom if known.

Do not leave the courtroom with a blank date. If a date will be set later, ask how you will be notified. Ask for it to be written if possible.

Step 4: Type of release

The form will state how you are released. Common options include:

• Release without financial terms. You sign and promise to follow the conditions.
• Release with a surety. A named person supervises you and pledges an amount.
• Release with a cash deposit. You or someone on your behalf deposits a set sum.
• Release with both a surety and a deposit. This is stricter.
• Release with an unsecured amount. You agree to owe a set amount if you breach.

Check that the selected type matches what the judge said. If a deposit is required, confirm the amount and who pays it. Confirm where and how the deposit will be made and receipted.

Step 5: Surety information (if any)

• Confirm the full name of the surety.
• Confirm their date of birth and full address.
• Confirm their phone number and email.
• Confirm their relationship to you.
• Confirm the amount they pledge.
• Confirm any property details if required for a pledge.

The surety must sign the form. The surety must be present or available to sign promptly. The court may ask the surety questions about their role. Make sure they can explain how they will supervise you.

Step 6: Standard conditions

The form will include standard terms. Read them. Common ones include:

• Keep the peace and be of good behaviour.
• Attend court as required.
• Notify the court of any address change.
• Do not possess weapons or ammunition.

These conditions apply to almost all release orders. They are not optional. If a standard condition needs tailoring, raise it before signing.

Step 7: Specific conditions

The court may add specific terms to address risks. These are tailored to your case. Examples include:

• No contact with named people. Ensure names are spelled correctly. Ask for exceptions for counsel communication if needed.
• No-go zones. Boundaries should be clear. Ask for maps or cross streets to avoid confusion.
• Curfew or house arrest. Hours must be stated. Confirm work or medical exceptions.
• Residence condition. The address must match your plan. You must live there. If you need to change later, you must seek approval.
• Reporting. You may need to report to a police station or bail program. Confirm the address, days, and times. Confirm start date and frequency.
• Weapons prohibition. Confirm what items must be surrendered and by when. Ask where to surrender them.
• Substance conditions. Some orders prohibit alcohol or drugs. If you have documented medical needs, ensure the wording allows your prescriptions.
• Electronic monitoring, if applicable. Confirm who supervises and what equipment is required.
• Travel limits. Some orders restrict travel to a city or region. Confirm any planned travel, and seek permission if needed.

Each condition must be specific, necessary, and achievable. Ask questions if a condition is unclear. Ask for reasonable exceptions where needed for work, school, or care.

Step 8: Financial terms and deposit (if any)

• Confirm any cash deposit amount.
• Confirm the method and timing of payment.
• Confirm the payor name and how the court holds the funds.
• Confirm the conditions for refund at the end of the case.

If a deposit is not affordable, say so before the order is made. The court cannot set a deposit you cannot meet if a less strict term works. This should be addressed during the hearing. Do not sign terms you cannot meet.

Step 9: Explanations and acknowledgment

Before you sign, the judge or justice will explain the order. Listen carefully. Ask questions. You must understand what each condition means in daily life. If English is not your first language, ask for help. The explanation should be in a language you understand.

Step 10: Signatures and dates

• The judicial officer signs and dates the order.
• You sign and date the order. Your signature confirms understanding.
• Your surety signs and dates the order if required.
• Initial any attached schedules or additional pages.

Do not leave with unsigned sections. An unsigned order can cause delays in your release.

Step 11: Copies and distribution

• Ask for a certified copy for yourself. Keep it with you.
• Your surety should have a copy.
• Your lawyer will keep a copy.
• Police receive the order for enforcement.
• The jail or detention centre receives a copy to process your release.

Review your copy against the court’s copy before leaving. Check for errors in names, dates, and addresses.

Step 12: Attachments and schedules

Some orders use attachments for long condition lists. These are usually marked as a Schedule. Initial and date each page. Ensure the schedule is referenced in the main form. If the order references a program or treatment, attach proof if available.

Step 13: After you leave the court

• Program reporting: If you must report, do so on time.
• Surrender items: If you must surrender weapons or passports, meet the deadline.
• Moving: Do not change your address without permission if your order restricts it.
• Travel: Do not travel outside the allowed area without permission.
• Contact: Do not contact protected people, even through friends or online.

If a condition becomes impossible to follow, act fast. Call your lawyer. Seek a consent variation if appropriate. Until the court changes the order, you must follow it.

Practical tips while completing the form:

• Use your legal name as it appears on your charge documents.
• Avoid nicknames in the identity fields.
• Spell all names correctly in no-contact lists.
• Confirm every date and time with care.
• Ask the clerk to print clearly if handwriting is used.
• Keep scans of the signed order in your phone and email.

Common mistakes to avoid:

• Agreeing to a residence that is unstable.
• Accepting a curfew that conflicts with work or childcare.
• Overlooking exceptions you need for medical care.
• Failing to set a clear start date for reporting.
• Listing a surety who cannot supervise you daily.
• Leaving the courthouse without a copy of the order.

What if you need to change a condition later?

• Speak with your lawyer about a consent variation.
• If the Crown agrees, you can put the change before the court.
• If the Crown does not agree, you may need a hearing.
• The court will issue a new order if it approves changes.
• Do not rely on informal promises. Only the written order controls.

If you are charged with breaching the order, bring your copy to court. It helps confirm the actual terms. Sometimes confusion arises over outdated orders. The most recent signed order governs.

A Form 10 – Release Order is both a shield and a boundary. It gets you out of custody. It also sets clear limits. Understand it. Follow it. Keep it handy. When in doubt, ask your lawyer and seek court guidance before acting.

Legal Terms You Might Encounter

A Release Order is the court’s written decision that lets you live in the community while your case moves ahead. It lists conditions you must follow. Form 10 is the document that records those conditions and any money promised.

You are the Accused. That simply means you are the person charged. The order applies to you. Your name must match all other court documents exactly. Even small spelling errors cause delays.

A Surety is an adult who agrees to supervise you and make sure you follow the order. A surety promises to pay an amount if you breach. They do not become your lawyer or a police officer. They are a monitor and supporter the court trusts.

A Pledge is a promise to pay a set amount if conditions are breached or you miss court. No cash changes hands at the start. The amount only becomes payable if the court orders it. The pledge sits on the order as a warning and incentive.

A Deposit is money paid up front to the court. Not all cases require a deposit. If the form shows a deposit, the money must be paid before release. Know who pays it, how much, and how you get it back if eligible.

Conditions are the rules you must follow. They appear as checkboxes and blank lines on the form. Common ones include staying at a set address, not contacting named people, and a curfew. Only agree to conditions you can meet every day.

Non-communication means you must not contact certain people in any way. This includes phone, text, social media, email, or messages through others. The order often allows contact through a lawyer for legal purposes. Make sure that the exception is included if needed.

No‑Go Zones are places you cannot attend. They can include home addresses, workplaces, or neighborhoods. Orders sometimes add a specific distance, like 100 meters. You need the exact address and clear boundary to avoid accidental breaches.

Curfew or House Arrest sets where you must be and when. A curfew names hours you must stay home. House arrest is stricter and requires you to stay home at all times unless exceptions apply. Pick times you can reliably follow.

Breach means you broke a condition. Missing court or contacting a protected person are common examples. A breach can lead to arrest, new charges, and loss of any pledged money. The surety can face financial loss too.

Variation is a change to your order after it is signed. You can ask to add, remove, or adjust conditions. You need a proper request and, often, the prosecutor’s position. Do not change your behavior until the change is granted and recorded.

Forfeiture is the process that asks the court to enforce the pledge when there is a breach. The court decides if you or your surety must pay. Forfeiture hearings look at what happened and why. The amount ordered can be all or part of the pledge.

FAQs

Do you need a surety to be released?

Not always. Some releases do not require a surety. Others do. It depends on the case and your circumstances. If a surety is required, the court must approve the person. They need a stable life, a plan to supervise you, and a clear understanding of the role.

Do you pay money up front on a pledge?

A pledge is usually a promise only. You do not pay it at the time of release. If you comply and finish the case, you do not pay. If there is a breach, the court can later order some or all of the pledge paid.

Do you get your deposit back?

If you paid a deposit and comply with the order, you can ask for it back when the case ends. The court must confirm you met the terms and attended court. Follow the court’s steps to claim the funds. If there was a breach, the court may keep some or all of it.

Do you have to carry a copy of the Release Order?

It helps. Keep a paper copy at home and a digital photo on your phone. Police may ask to see your conditions. Having the order reduces confusion and helps you prove your curfew or other terms on the spot.

Do you have to speak to people on your “no contact” list if they contact you first?

No. Do not respond. The order applies to you, not them. Let your lawyer know if contact happens. Save any messages without replying. If the order allows contact through your lawyer for case reasons, use that route only.

Do you need to live with your surety?

Only if the order says so, some orders allow you to live elsewhere. Others require you to live at your surety’s address. Read the residence condition closely. If you move, you usually need approval and an updated order.

Can you change a curfew or add a work exception later?

Yes, but not on your own. You need a formal change to the order before you follow a new schedule. Prepare proof of your work or school needs. Ask for an adjusted condition that is specific and realistic.

How long does a Release Order last?

It lasts until your case ends or the court replaces it. It also ends if the court revokes it. Do not assume it expires on its own. Keep following it until you get written confirmation of a change or final outcome.

Checklist: Before, During, and After

Before signing

• Confirm your full legal name, date of birth, and contact details.
• Get your case number and the correct courthouse information.
• List all charges as they appear on the docket.
• Identify your surety, with full name, address, and phone number.
• Collect your surety’s ID and employment details.
• Set a clear plan for supervision and living arrangements.
• Decide the pledge amount and understand any deposit.
• Map out any no‑go addresses and distances.
• List people for non‑communication, with exact names and spellings.
• Set curfew times you can meet every day.
• Prepare proof for any work, school, or medical exceptions.
• Confirm firearm and weapon terms, including any surrender deadline.
• Check travel limits and passports. Plan how you will comply.
• Confirm reporting requirements to the program or police, if listed.
• Note the next court date, courtroom, and time.
• Arrange translation or interpretation if needed.

During signing

• Verify every condition matches what was agreed in court.
• Read each checkbox and blank line. Do not leave blanks open.
• Confirm the residence address is complete and correct.
• Make sure non‑communication allows contact through your lawyer if required.
• Check no‑go zones for precise addresses and distances.
• Set realistic curfew hours. Avoid times that clash with work or caregiving.
• Verify reporting frequency, location, and start date.
• Confirm pledge or deposit details and who is responsible.
• Ensure the surety’s full legal name and signature appear where required.
• Make sure you sign every page that requires your signature or initials.
• Confirm the judicial officer’s signature, date, and court seal as needed.
• Check the next appearance details are entered on the form.

After signing

• Get a stamped or endorsed copy for you and for your surety.
• Ask how and where the order is recorded for enforcement.
• If a deposit applies, pay it and keep the receipt.
• Surrender any passports or items listed, within the deadline.
• Add curfew and reporting times to your calendar with reminders.
• Save important numbers: your surety, lawyer, and supervisor contact.
• Store the order in a safe place and keep a photo on your phone.
• If you move or change phone numbers, follow the order’s update rules.
• Attend your next court date. Give yourself extra travel time.
• If something changes, seek a variation before you act on the change.

Common Mistakes to Avoid

Agreeing to conditions you cannot meet every day. Don’t accept a curfew or reporting schedule that conflicts with work, school, or childcare. A breach can lead to arrest, new charges, and loss of pledged money.

Leaving blanks or vague wording on the form. Don’t leave spaces open or addresses incomplete. Vague rules invite misunderstandings and enforcement problems. The result can be delays in release or accidental breaches.

Using a surety who cannot actually supervise. Don’t list someone who travels often, works nights, or lacks stability. If they fail to supervise, you risk breach. They also risk forfeiture of the pledge.

Misunderstanding pledge versus deposit. Don’t assume no money is ever at risk. A breach can trigger forfeiture of the pledge. A deposit is paid up front and can be kept by the court if you breach.

Contacting protected people indirectly. Don’t use friends, family, or social media to pass messages. Indirect contact is still contact. It is a common breach and often leads to arrest.

What to Do After Filling Out the Form

File and confirm

• Make sure the court has the signed order. Confirm the clerk’s acceptance.
• If a deposit applies, pay it at the designated counter. Get a receipt.
• If any items must be surrendered, do so by the deadline and get proof.

Organize your compliance

• Share a copy with your surety and explain each condition in plain terms.
• Set daily and weekly reminders for curfew and reporting.
• Map your no‑go zones to avoid accidental breaches.
• Keep the order accessible on your phone and in paper form at home.

Coordinate with your surety

• Agree on how they will supervise you day to day.
• Decide how you will check in with them and how often.
• Plan what to do if an emergency risks a late return or missed report.

Manage exceptions and practical needs

• If you work nights or shifts, ask for written exceptions before you start.
• If you must travel within your region for work, request a clear travel clause.
• If school or medical needs change, seek a variation as soon as possible.

Handle changes the right way

• Do not change addresses or contact details without checking the order.
• If you need a change, prepare documents that support your request.
• Seek an update to the order and wait for written approval before acting.

Prepare for court dates

• Confirm the next court date on your order. Note the start time and room.
• Plan transport and backups. Missing court is a breach.
• Bring your order to court in case questions arise.

Protect your record and your surety

• Avoid any contact with protected people. Save and forward unwanted messages to your lawyer, without replying.
• Make sure your surety knows how to reach you during curfew hours.
• If police ask, be ready to show your order and explain your conditions politely.

If a problem occurs

• If you miss a condition by error, contact your lawyer right away.
• Save any proof showing why it happened and how you corrected it.
• Do not repeat the behavior. Fix the source of the problem immediately.

At case completion

• Ask the court if your order is ending or being replaced.
• If you posted a deposit, inquire about the process to reclaim it.
• If there was a pledge, confirm there is no forfeiture claim pending.
• Keep the final paperwork proving the outcome and closure.

By moving through these steps, you reduce risk and confusion. You also protect your surety from financial exposure. Treat the order like a contract you live by every day. If anything feels unworkable, seek a formal change before you act.