A peace bond is a protection order made by a court under section 810 of the Criminal Code. It is used where an individual (the defendant) appears likely to commit a criminal offence, but there are no reasonable grounds to believe that an offence has actually been committed.
What is the difference between a restraining order and a peace bond?
Unlike a peace bond that may apply to anybody you are afraid of, restraining orders must have a family connection. As well, a restraining order does not apply to property. The person you want an order against is called the “respondent”.
What does peace bond mean in Canada?
A peace bond is a court order used to keep you from committing (or recommitting) a crime. It requires you to agree to specific conditions to keep the peace. A peace bond can also be brought against you while you are in a correctional centre for a previous offence.
How long does a peace bond last in Canada?
one year
The peace bond can be in place for up to one year. The person who enters into a peace bond does not receive a criminal record. However, if one of the conditions imposed is breached, the person may be charged with a criminal offence. A peace bond is NOT a restraining order.
Can you refuse a peace bond?
If he/she agrees, the peace bond will be ordered. If he/she refuses, there will be a hearing where the judge will hear both sides, and then decide on ordering the peace bond. If the defendant still refuses to sign it, they can face up to twelve months imprisonment.
Is a peace bond same as no contact order?
A peace bond is issued only if a person has not been charged with a crime (such as rape or assualt). A no-contact order is another kind of legal order that is sometimes imposed on a person by a court.
Is a peace bond considered a criminal record?
The benefit of a peace bond is that the person does not wind up with a criminal record. As attractive as it may appear, entering into a peace bond significantly reduces the chances of securing employment.
What evidence do I need for a peace bond?
To get a peace bond, you must prove that you have a reasonable fear that the other person will: hurt you, someone in your family, or your pets, damage your property, or. share an intimate image or video of you without your consent.
How long does it take to get a peace bond in Canada?
Obtaining a peace bond may take several weeks or even months, so peace bonds do not deal with emergencies. In an emergency, call 911.
Does a peace bond have a time limit?
In short, a complainant must have present or ongoing fear of the accused. This type of peace bond can only be in effect for a maximum period of 12 months. A common law peace bond has a broader application.
Will a peace bond show up on a criminal record check Ontario?
A peace bond will not appear on a general criminal record check. However, it will appear on a vulnerable sector record check as an “outstanding entry” and depending on the police force, it will continue to appear on the vulnerable record check even after the peace bond expires.
Can you travel on peace bond?
A peace bond can also affect your job and travel. A peace bond may stop you from working with vulnerable people. For example, you may not be allowed to work with senior citizens or children. If you’ve signed a peace bond, you may have trouble crossing borders into foreign countries.
Should you accept a peace bond?
In almost all cases, I advocate to take a peace bond in exchange for the Crown Attorney dropping the criminal case against you. There is too much risk to take matters to trial when you are offered a peace bond. I reiterate that a peace bond is not a criminal record and you are not admitting any guilt.
What happens if you break a no contact order in Canada?
If the person breaches the conditions of the order (in other words, fails to follow any of the conditions) call the police right away. The police may charge them with a criminal offence for breaching the conditions of the order and they may be arrested.
What happens if you violate a peace bond?
If one or more of the conditions of a peace bond are broken, either by not obeying one of the conditions or by getting charged with a criminal offence, the person can be charged with a separate criminal offence of “breach of recognizance” or “disobeying a court order.” They may also lose some or all the money they
Can I apply for Canadian citizenship with a peace bond?
If you are charged with a criminal offence or even fingerprinted by the police and the charge was later dismissed, stayed, peace bond, absolute or conditional discharge it could interfere with your ability to obtain your Canadian citizenship.
Why would a judge order no contact?
A no contact child arrangements order is commonly used in cases of domestic violence and can also be applied to abusive parents. An order also stops any indirect contact such as communication by email, telephone, text messages or social media.
What is the purpose of a peace bond?
A peace bond is a court order designed to keep someone from committing a crime. The person signs (or enters into) the peace bond, agreeing to “keep the peace and be of good behaviour” and obey certain conditions — for example, to not contact someone or visit certain places.
Do both parties have to agree to a peace bond?
You do not have to agree to sign the peace bond. If you don’t agree to sign it, you may have a hearing . You will likely have to go to court a few times before you get a hearing date. At court, you may be asked to think about mediation .
Is a peace bond a sentence?
A peace bond is not a criminal conviction. It’s an order, if you enter into a peace bond it’s an order from the court that you keep the peace and be of good behaviour for up to a period of 12 months under section 810 and not communicate with the alleged victim.
Does everyone get bail in Canada?
In the Canadian legal system, bail is free as long as the accused generally has no history of failing to appear in court in the Province. In some circumstances, however, the Court may require a “surety” or cash deposit.