Peace Bonds in Calgary Assault Cases

If you’re facing an assault charge in Calgary, a peace bond may be an option to resolve your case without a criminal conviction. But is it the right choice for you?

This video covers: • What a peace bond is • How it works in assault cases • Conditions you must follow • Pros and risks of accepting a peace bond

If you fear for your safety, you should consider getting a peace bond against the threatening individual. Here is how you can go about doing that:

STEP 1:

Go to the court house and find the Justice of Peace Office. They will give you a form and you will explain what caused you to fear for your safety. You will then be asked to affirm whether you’re telling the truth. Beware that if you will open yourself to trouble if you lie in the application.

 STEP 2:

Once the documents are filled and submitted, the next step is for the police to issue the summons. This is an important step in the peace bond proceedings because it puts the other party on notice that you’re taking the threats and the matter seriously. It’s jarring to have the police knock on your door and often it sends a strong signal.

 STEP 3:

Once the summons is issued and you have your hearing date, you will then have to show up at the hearing. At the hearing you are essentially providing evidence to prove to the court that a peace bond is warranted. The Justice will listen to you and what it is you need from the court to feel safe. There is no guarantee you will get everything you ask for but the very least you will be putting the person on notice that you can act. If a peace bond is granted, it imposes certain restrictions on the person who is named.

 CONDITIONS THAT A PEACE BOND MAY INCLUDE:

1.      Keeping the peace and being of good behaviour

2.      Do not contact the person who is the subject of the peace bond, their spouse or child

3.      Do not visit the person who is the subject of the peace bond, their spouse or child

4.      Do not call the person who is the subject of the peace bond on the phone

5.      Do not write or send text messages to the person who is the subject of the peace bond

6.      Abstain from using non-prescription drugs or alcohol and be required to provide bodily samples to ensure compliance

7.      Be forbidden from owning weapons

8.      Pay or promise to pay a refundable cash bond to the court. This sum may be forfeited if they breach any of the conditions in the order or any other condition that the court considers desirable to prevent the harm.

You can apply for a peace bond without the police. This is known as a common law peace bond. To get this done you can contact a lawyer and they will help you get all the necessary documentation in. The difference is instead of the police providing notice to the other party, you will have to deliver it yourself which could put you in a potentially dangerous spot.

There is an alternate process to obtain a peace bond.

STEP 1:

If you want the police to get involved more thoroughly in getting a peace bond, you can contact the local police directly and explain to them what your concerns are. Based on that, the police will interview the person to prepare an information. An information is essentially a statement explaining exactly why the person fears a specific individual is likely to commit an offence.

 STEP 2:

The police will investigate, including interviewing other witnesses, as well as performing a criminal record check and interviewing the defendant. If the police agree that there are reasonable grounds for the person’s fear, they will draft a peace bond with a list of conditions and then contact the defendant and ask if they are willing to consent. In most cases, defendants will consent to sign in order to avoid going to court. If the defendant does not consent to the peace bond, the police will swear the information before the court and a hearing date will be set.

STEP 3: