Being served with a protective order, otherwise known as bail conditions, after domestic assault is a bitter pill to swallow. If given pre-trial, they can be severely disruptive to your life, regardless of guilt. Post-trial, similar orders can be given that affect your ability to go back to leading a normal life.
In Canada, no-contact or communication orders can also be imposed without a criminal charge (commonly called a peace bond), but here we’ll be focusing on what to do after being accused of domestic assault. You’ll see how they work, the steps you need to take, and what you can do about them.
What Is a Protective Order After Domestic Assault?
A protection order is a legal restriction that is meant to protect the complainant during a criminal case. In a domestic assault matter, these orders are usually imposed immediately following an arrest or at a bail hearing.
When applied at this time, they are not a finding of guilt, and they don’t mean any allegations have been proved. However, similar prohibition orders can also be given as a condition of release if found guilty. There are a few occasions where such an order can be issued:
- Police undertaking
- Bail proceedings
- Release conditions
- Peace bond provisions
The exact nature of these orders will change from case to case, depending on the circumstances. Here are the most common conditions:
- No contact with the complainant (including through third parties)
- No contact with the complainant’s children
- Restricted from the complainant’s home or workplace
- Living away from the family home
- Social media and electronic communication restrictions
- Firearm or weapon prohibitions
What You Should Do Immediately After Being Served
The first step is to read through your bail conditions carefully. Breaching an order is a crime in itself. However, many people breach them, not through defiance, but through misunderstanding. Make sure to read it line by line.
If you are unsure of any wording, contact your lawyer, who will clear up any ambiguity. It’s vital to know that anything you do that could interfere with the order has to go through the courts. This includes the complainant trying to contact you. This can be difficult, but make sure you follow the order to the letter.
It’s understandable in this situation to try to fix the problem yourself. You may wish to apologize, ask them to withdraw the complaint, try to see how they are doing, or arrange child-related matters outside of the order. None of this is a good idea. You are solely responsible for adhering to your conditions.
Related Article: https://www.agpllp.ca/what-can-weaken-your-domestic-assault-case/
How a Defence Lawyer Can Help with Protective Orders
An experienced domestic assault lawyer is vital in helping you with a protective order. In the short term, they will explain the scope and impact of each decision. If you have any doubts, they will give you clarity.
There is no guarantee of success, but they can also help with variations or a bail review. This may include having access to your property, having limited contact, or increasing the time you can spend with your children.
If you feel a bail condition is impeding on your daily life or is unfair, the lawyer will do their best to help you with this. These changes usually need to be for practical reasons, such as needing to travel through a restricted area to get to work.
The court is likely to be more understanding if time has passed without incident, the complainant is happy with the change, or if the request is narrow and specific. Not all requests will be granted, but if you think conditions need to be changed, speak to your lawyer.
Related Article: https://www.agpllp.ca/how-to-modify-bail-conditions-in-ottawa/
What Happens If You Breach a Bail Order?
Breaching an order is a separate criminal offence. This can result in a new criminal charge alongside the initial domestic assault charge. Along with this, other punishments can be applied, which include:
- Arrest and detention
- Revocation of bail
- Stricter future conditions
The court treats breaches very seriously, especially in a domestic case where the complainant’s safety is a priority. For those under such an order, it’s important to know that a single message or other similar action can have lasting consequences.
Due to this, it’s important to know what to do when living with a protective order. One of the fundamental behaviours you need to follow is using your lawyers (or any approved third party) for communication.
Along with this, it’s a good idea to document your efforts to comply with conditions and make a plan to avoid accidental contact. This may mean shopping in a different area or taking a new route to work, for example.
You may also wish to take preventative steps, such as blocking or deleting contact details. If anything threatens your conditions, such as the complainant trying to contact you, contact your lawyer immediately. Your conduct while on release can impact how the court perceives you, and also your defence strategy. It’s difficult, but getting into a habit of strictly following a protection order is wise.
FAQs
Is a protective order the same as a no-contact order or peace bond?
Not quite. A protective order is a general term that includes the likes of no-contact orders and peace bonds. It can also be confused for a restraining order, which is essentially the U.S. term for protection orders.
Can the complainant remove or change the protective order?
No. If they want a change, they have to follow the same process as the accused. Any change needs to be requested through the courts. If the complainant has told you they want conditions removed, this is not consent. Regardless of what they say, the order is in full effect until the courts say otherwise.
What happens if I accidentally breach a protective order?
This is the same as if you did it deliberately. A breach is a breach. However, the punishments for the breach will depend on the circumstances. If it was genuinely accidental, then you may have some legal defences, but you will need to consult a lawyer.
How long does a protective order last in a domestic assault case?
There is no expiration date for bail orders. They will often last until the criminal charges are resolved by the courts. If found guilty, these protective orders may be replaced with probation orders. These can last up to three years.
Will breaching a protective order affect my domestic assault case?
Yes. Not only will you get a separate criminal charge, but breaching an order will weaken your legal position. The breach can make your defence more complicated, and the courts are likely to take a dim view of your act.
Final Thoughts
Dealing with a protective order after domestic assault can be physically, mentally, and practically challenging. The restrictions can feel severe, and they can make you feel punished. However, the order needs to be taken seriously and followed strictly to the letter.
There are several ways a lawyer can help, both with the conditions of the order and the legal steps that follow. If you’re in need of experienced legal guidance, contact AGP LLP today. We’ll be happy to offer you a free consultation to see how we can assist with your case.
