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Difference between revisions of "Peace Bonds and Assault Charges"
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Peace Bonds and Assault Charges (view source)
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If the police don’t ask the court for a peace bond, you may apply for one yourself. Go to a Provincial Court, criminal division, and ask a justice of the peace about how to apply for a peace bond. If the person who threatened you is under 18, go to youth court instead of adult criminal division. | If the police don’t ask the court for a peace bond, you may apply for one yourself. Go to a Provincial Court, criminal division, and ask a justice of the peace about how to apply for a peace bond. If the person who threatened you is under 18, go to youth court instead of adult criminal division. | ||
To begin the process, you will need to complete a document, called an “information”, naming the person who threatened to hurt you or damage your property. It is a sworn document that you will complete with the Justice of the Peace. This just starts the paperwork for a hearing before a judge who can issue the peace bond. You don’t need a lawyer at the hearing because the prosecutor (also called Crown Counsel or Crown), will ask the judge for the peace bond. | To begin the process, you will need to complete a document, called an “information”, naming the person who threatened to hurt you or damage your property. It is a sworn document that you will complete with the Justice of the Peace. This just starts the paperwork for a hearing before a judge who can issue the peace bond. You don’t need a lawyer at the hearing because the prosecutor (also called Crown Counsel or '''Crown'''), will ask the judge for the peace bond. | ||
Depending on the details you give to the Justice of the Peace, the justice of the peace may issue a warrant so the police can arrest the person before the hearing. If the police arrest the person, the court may release them with conditions – if they promise not to contact you or go to your home or work before the final hearing. | Depending on the details you give to the Justice of the Peace, the justice of the peace may issue a warrant so the police can arrest the person before the hearing. If the police arrest the person, the court may release them with conditions – if they promise not to contact you or go to your home or work before the final hearing. | ||
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==How do you file assault charges?== | ==How do you file assault charges?== | ||
If a person hurts you, or threatens to hurt you, you can ask the police to charge the person with assault under the ''Criminal Code''. If the police won’t charge the person, you can ask the Crown, to do it. If the Crown also refuses to charge the person, you can still do other things; check script [[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging Someone with a Criminal Offense” | If a person hurts you, or threatens to hurt you, you can ask the police to charge the person with assault under the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html Criminal Code]''. If the police won’t charge the person, you can ask the Crown, to do it. If the Crown also refuses to charge the person, you can still do other things; check script [[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging Someone with a Criminal Offense”. | ||
If the Crown charges the person, the police will arrest the person. You don’t need a lawyer because the Crown makes the case against the person. The person can apply to court for bail to get out of jail. One condition of bail will probably be a “no contact order” to ensure the person doesn’t contact you. | If the Crown charges the person, the police will arrest the person. You don’t need a lawyer because the Crown makes the case against the person. The person can apply to court for bail to get out of jail. One condition of bail will probably be a “no contact order” to ensure the person doesn’t contact you. | ||
Two types of assault—'''Common assault''' is less serious – for example, a person hits you or threatens to hit you, but you don’t need medical treatment. Penalties include fines and jail terms up to 6 months. '''Assault causing bodily harm''' is more serious – for example, a person uses a weapon to attack you or you need medical treatment for your injuries. Penalties include jail terms up to 10 years. | |||
[updated | [updated November 2015] | ||
'''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.''' | |||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
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