Peace Bonds In Ontario

Peace bonds in Canada are used to help the accused in a criminal case to avoid a criminal record and offer a more peaceful way of resolving a criminal matter. A peace bond is made by a criminal court and sets out conditions for the accused to follow.

In this article, we’re going to take a closer look at what peace bonds are, who can get one, what the procedure for applying for one is, and much more. 

What Are Peace Bonds?

So, what are peace bonds?

You may be reading this blog for one of two reasons. Either because you are interested in laying a peace bond on an individual or, because you are currently facing a criminal charge before the court and have been offered a peace bond and want to learn more about it.

Let’s first discuss laying a peace bond on an individual. 

In the Criminal Code of Canada, a person (referred to as the complainant) can lay a peace bond against another (referred to as the defendant). It is a court order that is a signed promise that the defendant will obey a set of rules for a period of time. A peace bond can last for up to twelve months but no more than that.

A peace bond must be made by a judicial officer and limits what a person can do, where they can go, and who they can contact. Each peace bond is tailored to a specific set of circumstances and if the defendant breaches any of the conditions set out, they could face criminal charges.

Who Can Get A Peace Bond?

A peace bond can be taken out by you or on your behalf. You can apply for one if you have reasonable grounds to fear that someone will cause you, your partner, or your child harm or injury. You may also apply for one if you fear damage to your property, or fear someone may share an intimate image or video of you without your consent.

You need to have proof that you have a reasonable fear of this person before you can get a peace bond. While you don’t need legal representation to get a peace bond, reaching out to a criminal lawyer in Richmond Hill could help you get advice on how to properly apply for peace bonds.

What Is The Procedure For Applying For A Peace Bond?

There are a few stages of applying for a peace bond that you need to go through. These are as follows:

• Go to your local courthouse: At your local courthouse, you’ll be able to get the necessary forms to start your application.

• Complete the application and meet with the judicial representative: The judicial representative will review your application and notify the defendant of the court appearance.

• Attend the first court appearance: Here, the defendant will learn why you want the peace bond against them. If they agree, the peace bond is signed. If they do not consent, you will be required to attend a further peace bond hearing.

If you have to go to a peace bond hearing, then you may require a legal representative. You could reach out to a criminal law firm in Richmond Hill for further advice and representation if needed.

Peace Bond as a Resolution Offer for your Criminal Charge

Now, let’s discuss the second situation. You are facing a criminal charge before the court and the court offered a peace bond as a resolution offer and you want to find out more information before you accept this deal. 

Section 810 Peace Bond

A peace bond applied under Section 810 is usually used in cases of domestic violence. A judicial official reviews the information laid out, wherein the complainant feels that their personal safety or the personal safety of someone close to them is at risk, and if the official is satisfied, will order the accused to enter into a recognizance (this means they will be expected to practice good behaviour and comply with other conditions for a period of 12 months).

The application process involves a police officer speaking with the complainant to check whether their fear is ongoing. The criminal charges against the accused in this situation will be dropped if they agree to enter into a peace bond.

Generally, other conditions in this kind of peace bond may include mandatory counselling, limits on alcohol consumption, limits regarding contact and communication or places you are not allowed to attend and reporting to a probation officer.

What Happens After A Peace Bond Is Ordered?

A peace bond is usually in place for up to 12 months. The accused/defendant of the peace bond will not receive a criminal record unless they breach any of the conditions set out in the bond. Peace bonds are enforced by police across the country.

For A Team Of Professional Lawyers In The Richmond Hill Area, Call What The Law.

If you’re looking for more information on peace bonds, what they mean, and how to apply for one, why not reach out to What The Law? We’re a criminal law firm in Richmond Hill committed to creating a simple application process for all of our clients.

Get in touch today to find out more about our services.