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 you fear for your safety, a '''peace bond''' can offer protection. Learn how they work, and what’s involved in seeking a peace bond.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
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.  


Also, check scripts:
In a criminal case, the '''prosecutor''' (also known as Crown counsel) 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 seek a peace bond against another person. If you are afraid a person will hurt you or your family or damage your property, you can contact the police to seek a peace bond. More on this in a moment.
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?==
{| class="wikitable"
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.
|align="left"|'''If your situation is urgent'''
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'''.
|}


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.
===You can seek a peace bond against anyone===


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.
[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec810_smooth Under section 810 of the ''Criminal Code''], you can seek 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.


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.
A peace bond may be the best option for you if the person you are seeking protection from does not fall within the definition of “family member” in the ''Family Law Act''. If the person you are seeking protection from is someone you think may fall within the definition of “family member,” you may be able to get a [https://dialalaw.peopleslawschool.ca/family-violence/ family law protection order] instead.


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.
===What you must show to get a peace bond===
To get a peace bond, you must show you have a '''reasonable fear''' the other person will:


==How do you file assault charges?==
* hurt you or someone in your family,
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”.
* damage your property, or
* share an intimate image or video of you without your consent.


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.
It is not enough to say only that you are personally afraid; the court must find that a reasonable person in the same situation would also be afraid.


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


===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'''.


[updated November 2015]
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.


'''The above was last reviewed for accuracy by Paul Briggs and edited by John Blois.'''
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 [https://dialalaw.peopleslawschool.ca/charging-someone-with-a-criminal-offence/ our information on charging someone with a criminal offence] 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 the person being fined or placed on probation, or in some cases even jailed. 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.
===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.
==Seeking a peace bond==
===Step 1. Contact 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 your fears are reasonable, they will prepare a report for Crown counsel. This is a lawyer employed by the provincial government to prosecute cases.
{| class="wikitable"
|align="left"|'''Getting a peace bond without police help'''
If the police are unwilling to help, you do have another option, though it may be difficult. You can go to a [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/courthouse-locations courthouse] and ask the court registry for help in completing the correct forms for a peace bond. In general, court registry staff will contact Crown counsel who will then pass the matter back to police for further investigation. Still, this approach can result in Crown reviewing your case and making the request to police.
|}
===Step 2. A process hearing===
If the Crown counsel agrees that a peace bond is necessary, a '''process hearing''' will be scheduled. This hearing happens without the other person present. The Crown will explain the evidence to the court. If the judge is satisfied that the information provided meets the test for a peace bond, then a '''peace bond hearing''' will be set. 
===Step 3. The peace bond hearing===
At the '''peace bond hearing''', a judge will decide whether to impose the peace bond. The person you seek protection from will be summoned to appear.
The hearing may unfold in one of two ways.
The person may agree to enter into the peace bond and to the conditions presented. If that happens, then no evidence will be presented to the judge.
If the person does not agree to the peace bond, Crown counsel will then present evidence to the judge. This will typically involve you needing 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 decide whether you have reasonable grounds to fear the other person. If the judge finds your fears are reasonable, they will order the peace bond. 
{| class="wikitable"
|align="left"|'''Ask for copy of the peace bond'''
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.
|}
==Who can 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.
*[https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html Visit website]
The '''Legal Aid BC''' website includes the publication “For Your Protection: Peace Bonds and Family Law Protection Orders”.
*[https://legalaid.bc.ca/publications/pub/your-protection Visit website]
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Latest revision as of 05:37, 27 February 2024

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.
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If you fear for your safety, a peace bond can offer protection. Learn how they work, and what’s involved in seeking a peace bond.

What you should know

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.

In a criminal case, the prosecutor (also known as Crown counsel) may offer a peace bond to deal with criminal charges against someone.

As well, anyone can seek a peace bond against another person. If you are afraid a person will hurt you or your family or damage your property, you can contact the police to seek a peace bond. More on this in a moment.

If your situation is urgent

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.

You can seek a peace bond against anyone

Under section 810 of the Criminal Code, you can seek 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.

A peace bond may be the best option for you if the person you are seeking protection from does not fall within the definition of “family member” in the Family Law Act. If the person you are seeking protection from is someone you think may fall within the definition of “family member,” you may be able to get a family law protection order instead.

What you must show to get a peace bond

To get a peace bond, you must show 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.

It is not enough to say only that you are personally afraid; the court must find that a reasonable person in the same situation would also be afraid.

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

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 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 the person being fined or placed on probation, or in some cases even jailed. 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.

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.

Seeking a peace bond

Step 1. Contact 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 your fears are reasonable, they will prepare a report for Crown counsel. This is a lawyer employed by the provincial government to prosecute cases.

Getting a peace bond without police help

If the police are unwilling to help, you do have another option, though it may be difficult. You can go to a courthouse and ask the court registry for help in completing the correct forms for a peace bond. In general, court registry staff will contact Crown counsel who will then pass the matter back to police for further investigation. Still, this approach can result in Crown reviewing your case and making the request to police.

Step 2. A process hearing

If the Crown counsel agrees that a peace bond is necessary, a process hearing will be scheduled. This hearing happens without the other person present. The Crown will explain the evidence to the court. If the judge is satisfied that the information provided meets the test for a peace bond, then a peace bond hearing will be set.

Step 3. The peace bond hearing

At the peace bond hearing, a judge will decide whether to impose the peace bond. The person you seek protection from will be summoned to appear.

The hearing may unfold in one of two ways.

The person may agree to enter into the peace bond and to the conditions presented. If that happens, then no evidence will be presented to the judge.

If the person does not agree to the peace bond, Crown counsel will then present evidence to the judge. This will typically involve you needing 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 decide whether you have reasonable grounds to fear the other person. If the judge finds your fears are reasonable, they will order the peace bond.

Ask for copy of the peace bond

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.

Who can 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.

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

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