A peace bond is a legal tool designed to protect people from harm. Someone may apply for a peace bond when they have a fear of violence. It is not a criminal conviction, but it can have serious consequences if it’s breached.
If you have been asked to agree to a peace bond, it’s important to weigh up your options. Here we’ll explain what it is, how it works, and the pros and cons of agreeing to one. Let’s take a closer look at accepting a peace bond.
What Is a Peace Bond?
A peace bond is a court order that requires you to keep the peace. Exactly how this will be done can change from one peace bond to another. They usually last for 12 months and can include a wide range of conditions, such as:
- No contact
- Staying away from specific places
- Not possessing weapons
- Attending counselling or therapy
It is similar to a restraining order but can be greater in its scope. The burden of proof for a peace bond is the same as with civil cases. Therefore, a peace order is often used when there is not enough evidence to proceed with criminal charges.
How Do You Get a Peace Bond?
Anyone can apply for a peace bond either through the court. The complainant must have a genuine fear that they, their property, or someone close to them will be harmed. It is then decided by a judge or Justice of the Peace whether a peace bond should be issued.
For the person accused, they can either agree to the peace bond or contest it at a hearing. If there are any criminal charges related to the peace bond, these are usually withdrawn if it is accepted. This is why many people will accept one.
Does a Peace Bond Mean You’re Guilty?
No, a peace bond is not an admission of guilt. However, if you accept one, the matter will be seen as closed, and criminal charges can’t be brought again for the same crime. It will not be a criminal conviction, and you will not get a criminal record.
For a period of five years, it can appear in the most detailed of police checks. It will generally only appear if you are working or volunteering with vulnerable people. After five years, it should not appear on any kind of check.
What Happens If You Break the Conditions?
A peace bond is a court order, and breaching one can come with serious consequences. You will be charged with a criminal offence and need to go to trial. If convicted, you will then get a criminal record and all the negatives that come with it.
A part of the conditions of a peace bond can be a surety, which would need to be paid. More importantly, you could face serious jail time. The maximum sentence for breaching a peace bond is four years’ imprisonment.
Related Article: https://www.agpllp.ca/the-process-of-a-criminal-trial-in-ottawa/
Pros of Accepting a Peace Bond
It can be difficult to accept a peace bond, but there are some key advantages to doing so:
Avoiding Criminal Charges – A peace bond can often be an agreement that you will accept one in exchange for charges being withdrawn. This means that you will avoid a criminal record, a trial, and the stress of being charged with a crime.
No Admission of Guilt – Even if you are innocent, agreeing to a peace bond can make sense as it’s not an admission of guilt. It can be a good way to move on with your life if you have no intention of speaking to the complainant again.
It’s Time-Limited – Most peace bonds will last for 12 months. Once they expire, you don’t have to worry about it again. You’ll have a clean record and won’t have the threat of a breach over your head.
Cons of Accepting a Peace Bond
Of course, there will also be downsides to accepting a peace bond:
There are also important downsides to consider.
It Will Appear on some Background Checks – It will temporarily be shown on background checks. This is generally only an issue if you either want to work in a vulnerable sector or in law enforcement. For most jobs, it won’t show up on a regular check.
Strict Conditions Can Disrupt Your Life – For example, there could be a condition that you need to avoid someone’s workplace. This can create problems and may even affect your own employment. Here you have to weigh up the pros and cons of accepting these conditions.
Breaching the Bond Has Serious Consequences – While minor or accidental breaches won’t be treated as harshly, they can lead to criminal charges. You have to be fully confident you can follow the conditions before accepting one.
Should You Accept a Peace Bond?
The best thing you can do is speak to a lawyer. While we can give general advice here, the answer will depend on your specific circumstances. A big part of the answer can be if you’re facing criminal charges, and what those charges are.
For example, if the prosecution’s case is very weak, it may be best to fight it instead. If innocent, you may want to clear your name. A criminal lawyer will assess your options and advise on the best course of action. It’s not a decision you should make without legal advice.
Related Article: https://www.agpllp.ca/what-is-the-cost-of-a-criminal-lawyer-in-ottawa/
Final Thoughts
For some, a peace bond can be a way to move on and draw a line under a situation. For others, it can be a hugely restrictive court order that feels unfair. Due to this, there is no clear answer on whether or not you should accept a peace done.
It’s not a decision to be made lightly. If you’re looking for experienced legal advice, contact AGP LLP today. We’ll be happy to give you a free consultation, talk about your situation, and guide you through the next steps to take.
