Peace Bonds and Assault Charges

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
• file assault charges against a person who has hurt or threatened you.

Also, check scripts:

• 215, called “Charging Someone with a Criminal Offense”
• 206, called “Stalking, Criminal Harassment and Cyberbullying”

What is 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 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.

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.

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.

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 215, called “Charging Someone with a Criminal Offense”. The Criminal Code is available at laws.justice.gc.ca. Click on “English” and then on “Criminal Code”.

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.

There are 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 March 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Something which can be owned. See "chattels" and "real property."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A court official appointed by the provincial government with limited decision-making authority and jurisdiction, usually charged with managing court schedules, the terms of release of arrested persons, and other administrative tasks with a discretionary element. See "judge" and "jurisdiction."

In law, in British Columbia a person under the age of 19.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."