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Difference between revisions of "Victims of Relationship Violence (4:VI)"

From Clicklaw Wikibooks
(LSLAP Clinician 2017 update: minor edits & link updates)
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=== 1. Criminal Court Order ===
=== 1. Criminal Court Order ===


A peace bond, which is available under s 810 of the ''Criminal Code'', is an order made by a judge that requires the defendant to keep the peace.  This is a limited remedy that protects a victim for a period of up to 12 months.  A victim seeking a peace bond should go to the Justice of the Peace at the Provincial Court Office with the police report (or at least, the report number) and lay an Information.  The victim can go without a police report, but the Justice of the Peace will most likely ask for one. The victim does not need to show that they have been injured, only that they have a reasonable fear of injury at the hands of the defendant.  Previous threats or assaults should be brought up.
A peace bond, which is available under s 810 of the ''Criminal Code'', is an order made by a judge that requires the defendant to keep the peace.  This is a limited remedy that protects a victim for a period of up to 12 months.  A victim seeking a peace bond should go to the Justice of the Peace at the Provincial Court Office with the police report (or at least, the report number) and lay an Information.  The victim can go without a police report, but the Justice of the Peace will most likely ask for one. The victim does not need to show that they have been injured, only that they have a reasonable fear of injury to themselves or damage to their property at the hands of the defendant.  Previous threats or assaults should be brought up.


'''A victim should be advised to ask for a no-contact order as a condition of the peace bond.'''  The Justice of the Peace should also be informed if the defendant possesses or has access to firearms.  Note that the police, and anyone else concerned, may also apply for a peace bond.
'''A victim should be advised to ask for a no-contact order as a condition of the peace bond.'''  The Justice of the Peace should also be informed if the defendant possesses or has access to firearms.  Note that the police, and anyone else concerned, may also apply for a peace bond.
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