A peace bond is a court order to be on good behaviour and keep the peace for a defined period of time. In Canadian criminal law, there are two types of peace bonds: a section 810 peace bond and a common law peace bond.
When you sign a peace bond, there may be other conditions placed upon you. For instance:
- There may be restrictions placed on who you can communicate with;
- You may have to sign a no-deposit bond for $500;
- You may be restricted from possessing weapons.
Once this time period is over, the peace bond expires. In cases of domestic assault, be it stalking an estranged partner or domestic battery, it is best to seek the counsel of a domestic assault lawyer in Brampton.
While rare, it is possible to seek damages in regard to a domestic assault peace bond. Your best bet is to hire a reliable domestic assault lawyer in Brampton to determine the best strategy. Read this post to find out more about domestic assault peace bonds
Important Things to Know About a Domestic Assault Peace Bond in Brampton
Here is a quick guide to answer questions you may have about peace bonds.
Can Anyone Get a Peace Bond?
One of the most common situations where you may enter into a peace bond is in the criminal context of domestic violence. In such instances, the Crown agrees to withdraw charges in exchange for the accused entering into a peace bond.
Moreover, if an individual feels that another person may cause damage to their property, or harm them or their family, they may make an application and attend court. In such instances, the individual may have to participate in a peace bond hearing. In this situation, the court will hear evidence and determine if entering into a peace bond is the right way to go.
What Happens if a Peace Bond Is Breached?
If anyone breaches their section 180 peace bond, they are considered to be committing an offence under section 811 of the Criminal Code of Canada. Depending on the extent and nature of the breach, the offence may be punishable by a maximum of a four-year jail sentence.
In case an individual breaches a common law peace bond, they are seen as committing an offence known as ‘disobeying a court order’, as determined by the Criminal Code.
Typically, it is not required for someone entering a peace bond to deposit any money with the court. However, it is required that they pledge an amount to the court as an incentive to follow the bond’s conditions. The amount may be higher or lower depending on individual circumstances.
What Are the Different Conditions in a Peace Bond?
The Court may either order the defendant to or the defendant may themselves agree to:
- Behave positively and keep the peace.
- Not visit the individual who took out the bond, their child, or spouse
- Not try to contact the individual, their child, or spouse.
- Not send any texts or write letters.
- Not call the individual using a phone.
- Be forbidden from owning weapons.
Will a Peace Bond Appear on My Criminal Record Check?
No. Peace bonds do not appear on general criminal record checks. However, it is visible on a vulnerable sector record check as an ‘outstanding entry’. Furthermore, depending on the police force, it continues to appear on the same record check even after the peace bond expires. Alternatively, it may appear as a ‘police record’ in certain instances and affect the individual’s chances of securing employment.
Is It Necessary to Have a Lawyer to Get Your Peace Bond?
It is advisable to speak to a domestic assault lawyer in Brampton to get an idea of your options and to move forward in the best way possible.
Along with advising you of your rights, they will explain the court process to help you understand it better. An experienced lawyer will also guide you on how to obtain a peace bond; that includes preparing the necessary documentation. If required, they can also represent you in court.
Ultimately, the decision to retain a domestic assault lawyer or criminal assault lawyer in Brampton is a personal one that depends on the unique circumstances of your case.
Is Signing a Peace Bond Equivalent to an Admission of Guilt?
Signing a peace bond does not mean the individual has been found guilty of a crime, and it cannot lead to a criminal conviction. It is a simple order to keep the peace in general.
When an individual is asked to enter into a peace bond, it reflects a finding by the Court that there was a substantial basis to believe that they may try to breach the peace. If the defendant agrees to enter into a peace bond, the prosecutor will not pursue criminal charges against them. Moreover, if there are any charges, they can withdraw them.
To find out whether your domestic assault case is eligible for resolution through a peace bond, contact our domestic assault lawyer in Brampton. It is important to obtain competent legal advice to attain the best possible resolution. Discuss your case with an experienced lawyer before deciding on your next course of action. A professional can advise you of your rights and explain the court process.