If you find yourself feeling threatened by a specific person, worried about property damage, or concerned about harassment or any type of nefarious behaviour directed at you, your spouse, or your children, a peace bond might be the best course of action.
A peace bond is a legal agreement that demands a person keep the peace and behave appropriately. Some stipulations might include not contacting you or your family members, restrictions on weapon possession, and staying away from certain locations. However, peace bonds can be made to cater specifically to a given situation. They are not “one size fits all” and can be tailored to whatever concerns the filer may be experiencing.
A peace bond differs from a restraining order in that it can be issued against anyone and is generally broader. Restraining orders usually involve intimate relationships with a more direct or higher risk of crime.
Who Can Apply for a Peace Bond?
Anyone who feels that they or their child or an intimate partner are in danger has the right to file a peace bond. A peace bond can also be filed if there is a threat to circulate an intimate photograph or video without consent or if there is a threat of property damage.
Regardless of the specific situation, reasonable concern must be proven for a peace bond to be mandated. A peace bond can be filed against anyone threatening harm against the filer. No prior relationship needs to be established for a peace bond to be legitimized, meaning peace bonds can be filed against friends, coworkers, strangers, bosses, ex-spouses, or anyone who threatens the person filing.
How to Obtain a Peace Bond?
There are two ways to apply for a peace bond: with or without police assistance. If you file without police assistance, you can hire a lawyer or go to the courthouse on your own and ask to see the clerk for criminal court. You must then review the forms and steps needed to begin the process.
A hearing date will then be set, and a lawful summons will be served to the defendant. If you file on your own, without the help of the police or a lawyer, you will be responsible for appearing in court, defending your own case to the Court, and explaining why you think the motion of a peace bond is warranted. You are encouraged to have a lawyer present to ensure that someone is advocating on your behalf, but it is not required.
If you choose to file with police assistance, you must contact the police and let them know your intention to file a peace bond. The police will then conduct their own investigation, which includes interviewing both parties and any other witnesses involved. If the defendant consents to the peace bond through the police, the court can be avoided altogether. The police will be the ones to present the signed bond to the Court, and once it is approved, it will be effective. If the defendant does not consent, a hearing date will be scheduled.
Although peace bonds can be filed by an individual without assistance, using an informed lawyer will help ensure that the process is done correctly and tailored to the specific situation.
Once a bond is filed, with or without police assistance, the defendant may be given a summons to appear in court. The person filing may also be required to appear but should consult with law enforcement to determine the necessity of this. Either the lawyer or the filer themselves will speak to the court and explain the reason for the peace bond. If the court agrees, one will be issued to the defendant.
While a peace bond in and of itself is not a criminal conviction, failure to uphold it in any way will be considered a crime. To avoid criminal charges, the defendant must adhere to all of the terms agreed upon in the bond.
Conditions of A Peace Bond
Peace bonds are unique and specific. They can cover many different conditions which are dependent on circumstance. Possible conditions for the defendant to uphold in a peace bond may include:
- Maintain good behaviour and keep the peace;
- Not contact the person or their family, including spouses and children, through any means, including phone calls, text messages, emails, social media, or letter writing;
- Not be in the physical presence of the person or their family members, including spouses and children;
- Abstain from alcohol or drugs (non-prescription). Drug tests may be required to ensure compliance;
- Be prohibited from owning weapons;
- Pay a refundable cash bond to the Court, which may be forfeited if the defendant subsequently breaches any conditions of the peace bond or
- Any other terms the Court considers necessary to prevent further harm.
Consequences of Violating a Peace Bond
Violating a peace bond is a serious and criminal offence. If a peace bond is violated in any way, the defendant will face criminal charges and can face a sentence of up to four years imprisonment. The defendant may also be required to forfeit any cash bond they were required to pay to the Court as a condition of the peace bond.
What Happens After a Peace Bond Is Issued?
After a peace bond is issued, the person who requested the bond should request a formal copy from the court registry. This way, it will be easier to report if there is a breach. The peace bond goes into effect immediately upon issue, and the defendant must adhere to all terms to avoid criminal charges.
Trusted Lawyers are here to assist
If you need a peace bond, the lawyers at Nychuk & Company are here to help. With 30+ years of serving Southern Saskatchewan, our lawyers are informed, professional, and caring. We firmly believe in the foundation of integrity in law. Call today to schedule a remote or in-person consultation at 306-359-0202 or contact us online. Help is available 24/7. We’re here to answer your questions and make this stressful process as simple and straightforward as possible.