It is one of the most common orders administered by the Court: a peace bond. Unfortunately, a lot of people don’t know the finer details that come with a peace bond. 

What does the bond entail? How long does it last? What are the conditions? What happens if you breach it? 

This blog post aims to breakdown and answer all the key questions that come with a peace bond. 

Everything You Need To Know About Peace Bonds 

What Is A Peace Bond? 

Under section 810 of the Criminal Code, a peace bond is a protection order administered by a judge. It is used when a defendant appears likely to commit a criminal offence or hurt other individuals. Anybody who fears for their, and their family’s safety, can obtain a peace bond against the defendant from the Court.

peace bonds Edmonton

How Long Does A Peace Bond Last? 

Peace bonds can be enforced anywhere across Canada and can in place for up to one year, with a minimum of six months. However, if the threat remains consisted after the year, then the peace bond can be extended. 

A peace bond is set up with certain conditions imposed by the Court. If the defendant were to break the terms of the peace bond, the action would be classified as a criminal offence, and therefore, the defendant would be criminally charged. 

What Conditions Can Be Included In A Peace Bond? 

There are many conditions which can be imposed in a peace bond, which the defendant must follow. Your Edmonton defence lawyer will be able to help you understand or plead a case against these conditions. Conditions can include: 

  • The defendant must “keep the peace” and be on good behavior for a period of 12 months
  • They must not under any circumstance contact (via phone, text message, social media or letters) the victim or person that has issued the peace bond. They must also not contact family members or relatives that are related to the victim 
  • They are forbidden to visit the person’s home 
  • The defendant must not use any non-prescription drugs or alcohol, and if required, they will have to provide bodily samples to ensure they are following the conditions stipulated 
  • Defendants are forbidden from owning or using weapons of any sort 
  • They must also pay or agree to pay a cash bond to the Court 

While these are the common conditions that are imposed by the Court, there are any other conditions, that are strictly related to your situation, that can be imposed in the peace bond. Having an Edmonton criminal defence lawyer presence can help you with your case. 

Can You Plead Your Case Against The Peace Bond?

Yes, you can. For a peace bond to be issued, a peace bond hearing has to take place. A justice of the peace will listen to the evidence presented by both sides (the complainant and the defendant) and will decide whether the complainant has shown that on the “balance of probabilities” the defendant will cause injury. 

You will be able to defend your stance during this hearing, but you should do it without speaking to your criminal lawyer in Edmonton. As the decision is out of your hands, it is best to get legal advice based on the circumstances of the case. 

Is Agreeing To A Peace Bond The Same Thing As Pleading Guilty? 

No, it is not the same. It is considered a separate entity, and once a person enters into a peace bond, it means that there is no finding of guilty. While the peace bond is still in effect, it will appear in a criminal record check for the police. Once it expires, it should be removed from your record. 

However, in some cases, a person might enter a peace bond is to avoid a criminal record. 

What Happens If You Break Or Disobey The Peace Bond? 

Breaching any condition of the peace bond is a criminal offence. Whether you intentionally violate the peace bond or get involved in other illegal activities while on the bond, you will be charged by the Court. 

Penalties can include losing some or all the money you pledged in Court, or as of 2015, you can be convicted of up to four years imprisonment, depending on the severity of your actions. 

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264.

Preparing for court is a struggle in itself, but surviving the day is another level altogether. How do you go about managing one of the most important days of your life?

5 Criminal Lawyer Tips To Help You Survive Court

  1. Tell Your Story In A Logical Way
    While in courtroom movies you see people tell their stories emotionally, it does not always work in real-life court. Logically telling your story and framing the facts in your account will help you. Be logical and precise as possible when it comes to your side of the story.
  2. Be Brief & Focus On The Key Parts
    The judge does not need to hear every little thing that happens to you. They want to listen to the essential parts that will impact your case, so be brief and to the point. Your Edmonton criminal lawyer will break down the critical points for you, so you know how to approach them in court.
  3. Prepare Your Evidence & How It Relates To Your Story
    As your court appearance goes along, you have to present your evidence. Preparing for this will be super helpful – something your defence lawyer can help when preparing for your court date. The more evidence that you have, the stronger your case will be.
  4. Prepare For The Unexpected
    Remember that the opposing lawyer is going to try and dismantle your evidence, your personality and throw curveballs at you. So you have to be prepared for the unexpected to happen while you’re at court. Practice what you will say when it does come up, stick to the facts and story, and more importantly, ignore your emotions.
  5. Be Calm Regardless
    Most importantly, when it comes to your court date: remain as calm as possible. Your emotions will be tested, your case will be ripped apart and your personality will be questioned over and over. Despite all this, you have to be calm and composed at the moment.

Going to court can be a mentally, physically and emotional experience. Make sure you get your friends, family and criminal lawyer to support you as much as possible.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264