Difference between revisions of "Peace Bonds and Assault Charges"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law and [http://www.vancitydefence.com/our-people/jordan-allingham Jordan Allingham], Ferguson Allingham|date= June 2018}} {{Dial-A-Law TOC|expanded = crime}}
If someone threatens to hurt you or damage your property, a '''peace bond''' can offer protection. Learn how they work, and the steps involved in applying for a peace bond.


{{Dial-A-Law TOC|expanded = criminal}}
==Understand your legal rights==
This script explains what to do if someone threatens or assaults you. You have two choices:


*apply for a peace bond against a person who has threatened to hurt you or damage your property, or
===With a peace bond, a person promises to “keep the peace”===
*file assault charges against a person who has hurt or threatened you.
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. Not following the conditions in a peace bond is a crime.


Also, check scripts:
In a criminal case, the '''prosecutor''' may offer a peace bond to deal with criminal charges against someone.
*[[Charging Someone with a Criminal Offense (Script 215)|215]], called “Charging Someone with a Criminal Offense”
*[[Stalking, Criminal Harassment and Cyberbullying (Script 206)|206]], called “Stalking, Criminal Harassment and Cyberbullying”


==What is a peace bond?==
As well, '''anyone''' can apply for a peace bond against another person. If you are afraid a person will hurt you or your family or damage your property, you can go to court to ask for a peace bond.
A peace bond is a court order designed to prevent an assault. A peace bond orders a person to be of good behaviour and obey conditions the judge orders, for up to a year. One condition may be that the person must not go to your home or work or contact you (by phone, email, text message, through another person, or any other way).


==How do you apply for a peace bond?==
===You can apply for a peace bond against anyone===
You can apply to court for a peace bond against anyone who has seriously threatened to hurt you or damage your property. It could be a stranger, a spouse, or a family member. You have to show the court that you fear the person, that you have good reason for your fear, and that the person has seriously threatened you. If that’s your case, you should file a report with the police. The police will then decide whether to ask a court to issue a peace bond. Give the police as many details of the threat as possible. If the threat continues, keep a record of every time it happens and every voicemail, email, text message, social media post, and other record the person used, with the exact words used in the threat.


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.
Under [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec810_smooth section 810]  of the ''Criminal Code'', you can apply for a peace bond against anyone. It could be a partner or family member. But it doesn't have to be someone you were in a relationship with. For example, you could apply for a peace bond against a neighbour or co-worker.


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 get a peace bond, you must prove you have a '''reasonable fear''' the other person will:
*hurt you or someone in your family,
*damage your property, or
*share an intimate image or video of you without your consent.


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.
If the court agrees there is enough evidence, they will '''summons''' the person to come to court for a '''peace bond hearing'''.


If the judge issues a peace bond, make a copy of it and keep it with you. If the person disobeys the peace bond, call the police immediately. They can arrest the person and charge them with a criminal offense. That could lead to a fine and up to 6 months in jail. If the peace bond includes your children, give a copy to the principal at their school or daycare, and to sports coaches and recreation instructors, etc.
===Applying for a peace bond===


==How do you file assault charges?==
====With the help of the police====  
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 you are afraid a person will hurt you or your family or damage your property, you can '''contact the police'''.  


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.
The police can gather information from you and others. This will help them assess whether to recommend a peace bond or criminal charges.


'''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.
Give the police as many details as possible of why you are afraid. Give them any records that show your fear is reasonable — any concerning voicemails, emails, text messages, or social media posts from the person, or any notes you made of interactions with the person. Give police the names of any witnesses who have seen the threatening behaviour.


If the police agree that yours fears are reasonable, they will '''draft a peace bond''' with a list of conditions. They will contact the person to ask if they are willing to agree to the peace bond. In most cases, people agree to sign the peace bond. If the person does not agree, a '''peace bond hearing''' can be set, where a judge decides whether the peace bond is appropriate. 


[updated November 2015]
====Applying on your own====
Any person may apply to court themselves for a peace bond against another person. We explain the steps in the process shortly.


'''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.'''
{| class="wikitable"
----
|align="left"|'''Tip'''
----
Obtaining a peace bond may take several weeks or even months, so peace bonds do not deal with emergencies. In an emergency, '''call 9-1-1'''.
|}


===Pursuing assault charges===
If a person hurts you or threatens to hurt you, you can also ask the police to charge the person with '''assault'''.
Assault is when one person applies force to another person, or attempts or threatens to apply force to them without their consent. Assault is a crime even if you're not hurt, and sometimes even if you were not actually touched.
Depending on the situation, a person can be charged with "assault", "assault with a weapon", "assault causing bodily harm", or "aggravated assault". A charge of assault causing bodily harm, for example, might be laid if you need medical treatment for your injuries.
See our information on [[Charging Someone with a Criminal Offence (No. 215)|charging someone with a criminal offence (no. 215)]] for the steps involved in pursuing an assault charge.
===If a person disobeys a peace bond===
If the person who enters into a peace bond disobeys the conditions in the peace bond, '''call the police'''. Police can arrest the person and charge them with a criminal offence. That could lead to a jail term of up to four years. As well, it could lead to a criminal record. (A peace bond itself is not a criminal conviction.)
A peace bond can be enforced anywhere in Canada.
{| class="wikitable"
|align="left"|'''Tip'''
Ask for a '''certified copy''' of the peace bond. Keep it with you at all times. If the other person doesn’t follow the conditions in the peace bond, the police need to see the order before they can do anything. If the peace bond says the person can’t contact your child, give a copy to your child’s teacher or principal. They can show it to the police if the person tries to pick up your child from school.
|}
===Ending a peace bond===
A peace bond will have an end date on it. Most peace bonds last for one year. Police cannot enforce a peace bond after it has ended.
When a peace bond ends, you need to go back to court if you want a new peace bond. You do not need to wait for the peace bond to end before applying again. 
A peace bond can't be cancelled.
==The steps in applying for a peace bond==
===Step 1. Laying an “information”===
Any person may apply to court themselves for a peace bond against another person. The process begins at your local [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations?keyword=provincial&keyword=court&keyword=locations Provincial Court registry]. You complete a document, called an “'''information'''”, saying why you need the peace bond. The information is a sworn statement you complete in front of a '''justice of the peace'''. This is a court officer who deals with process matters.
In the information, you need to show why you have a '''reasonable fear''' the other person will hurt you or your family, damage your property, or share an intimate image or video of you without your consent.
===Step 2. The person is summoned to court===
If the justice of the peace agrees there is enough evidence to support a peace bond, they will '''summons''' the person to come to court.
Depending on the details you give the justice of the peace, they may issue a '''warrant''' so the police can arrest the person. If they do, the court may decide to release the person on conditions, such as they not contact you or go to your home or work.
When the person comes to court, they are asked to '''sign the peace bond''', agreeing to a list of conditions. The conditions can include staying away from particular people or places, not using drugs or alcohol, and not having weapons.
===Step 3. The peace bond hearing===
If the person refuses to sign the peace bond, there will be a '''peace bond hearing''' before a judge. At the hearing, you will need to '''testify''' (tell your story), indicating the reasons for your fear. You can have a lawyer represent you during the hearing, but you don’t have to.
At the end of the hearing, the judge will:
*dismiss the application if they think your fear is unreasonable, or
*order the person to sign a peace bond.
==Get help==
===With more information===
The federal '''Department of Justice''' website includes information on victim’s rights, including a fact sheet on applying for a peace bond.
:Web: [https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html justice.gc.ca]
The '''Legal Services Society''' website includes the publication “For Your Protection: Peace Bonds and Family Law Protection Orders”.
:Web: [https://legalaid.bc.ca/publications/pub.php?pub=20 legalaid.bc.ca]
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Revision as of 20:47, 25 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Paul Briggs, Paul Briggs Law and Jordan Allingham, Ferguson Allingham in June 2018.

If someone threatens to hurt you or damage your property, a peace bond can offer protection. Learn how they work, and the steps involved in applying for a peace bond.

Understand your legal rights

With a peace bond, a person promises to “keep the peace”

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. Not following the conditions in a peace bond is a crime.

In a criminal case, the prosecutor may offer a peace bond to deal with criminal charges against someone.

As well, anyone can apply for a peace bond against another person. If you are afraid a person will hurt you or your family or damage your property, you can go to court to ask for a peace bond.

You can apply for a peace bond against anyone

Under section 810 of the Criminal Code, you can apply for a peace bond against anyone. It could be a partner or family member. But it doesn't have to be someone you were in a relationship with. For example, you could apply for a peace bond against a neighbour or co-worker.

To get a peace bond, you must prove you have a reasonable fear the other person will:

  • hurt you or someone in your family,
  • damage your property, or
  • share an intimate image or video of you without your consent.

If the court agrees there is enough evidence, they will summons the person to come to court for a peace bond hearing.

Applying for a peace bond

With the help of the police

If you are afraid a person will hurt you or your family or damage your property, you can contact the police.

The police can gather information from you and others. This will help them assess whether to recommend a peace bond or criminal charges.

Give the police as many details as possible of why you are afraid. Give them any records that show your fear is reasonable — any concerning voicemails, emails, text messages, or social media posts from the person, or any notes you made of interactions with the person. Give police the names of any witnesses who have seen the threatening behaviour.

If the police agree that yours fears are reasonable, they will draft a peace bond with a list of conditions. They will contact the person to ask if they are willing to agree to the peace bond. In most cases, people agree to sign the peace bond. If the person does not agree, a peace bond hearing can be set, where a judge decides whether the peace bond is appropriate.

Applying on your own

Any person may apply to court themselves for a peace bond against another person. We explain the steps in the process shortly.

Tip

Obtaining a peace bond may take several weeks or even months, so peace bonds do not deal with emergencies. In an emergency, call 9-1-1.

Pursuing assault charges

If a person hurts you or threatens to hurt you, you can also ask the police to charge the person with assault.

Assault is when one person applies force to another person, or attempts or threatens to apply force to them without their consent. Assault is a crime even if you're not hurt, and sometimes even if you were not actually touched.

Depending on the situation, a person can be charged with "assault", "assault with a weapon", "assault causing bodily harm", or "aggravated assault". A charge of assault causing bodily harm, for example, might be laid if you need medical treatment for your injuries.

See our information on charging someone with a criminal offence (no. 215) for the steps involved in pursuing an assault charge.

If a person disobeys a peace bond

If the person who enters into a peace bond disobeys the conditions in the peace bond, call the police. Police can arrest the person and charge them with a criminal offence. That could lead to a jail term of up to four years. As well, it could lead to a criminal record. (A peace bond itself is not a criminal conviction.)

A peace bond can be enforced anywhere in Canada.

Tip

Ask for a certified copy of the peace bond. Keep it with you at all times. If the other person doesn’t follow the conditions in the peace bond, the police need to see the order before they can do anything. If the peace bond says the person can’t contact your child, give a copy to your child’s teacher or principal. They can show it to the police if the person tries to pick up your child from school.

Ending a peace bond

A peace bond will have an end date on it. Most peace bonds last for one year. Police cannot enforce a peace bond after it has ended.

When a peace bond ends, you need to go back to court if you want a new peace bond. You do not need to wait for the peace bond to end before applying again.

A peace bond can't be cancelled.

The steps in applying for a peace bond

Step 1. Laying an “information”

Any person may apply to court themselves for a peace bond against another person. The process begins at your local Provincial Court registry. You complete a document, called an “information”, saying why you need the peace bond. The information is a sworn statement you complete in front of a justice of the peace. This is a court officer who deals with process matters.

In the information, you need to show why you have a reasonable fear the other person will hurt you or your family, damage your property, or share an intimate image or video of you without your consent.

Step 2. The person is summoned to court

If the justice of the peace agrees there is enough evidence to support a peace bond, they will summons the person to come to court.

Depending on the details you give the justice of the peace, they may issue a warrant so the police can arrest the person. If they do, the court may decide to release the person on conditions, such as they not contact you or go to your home or work.

When the person comes to court, they are asked to sign the peace bond, agreeing to a list of conditions. The conditions can include staying away from particular people or places, not using drugs or alcohol, and not having weapons.

Step 3. The peace bond hearing

If the person refuses to sign the peace bond, there will be a peace bond hearing before a judge. At the hearing, you will need to testify (tell your story), indicating the reasons for your fear. You can have a lawyer represent you during the hearing, but you don’t have to.

At the end of the hearing, the judge will:

  • dismiss the application if they think your fear is unreasonable, or
  • order the person to sign a peace bond.

Get help

With more information

The federal Department of Justice website includes information on victim’s rights, including a fact sheet on applying for a peace bond.

Web: justice.gc.ca

The Legal Services Society website includes the publication “For Your Protection: Peace Bonds and Family Law Protection Orders”.

Web: legalaid.bc.ca
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