A Peace Bond is a court order where you promise to maintain the peace and comply with specific court-ordered conditions, usually in exchange for withdrawing your charges. It typically lasts for 12 months.
Understanding the implications of a peace bond and navigating its removal can be crucial for your future. In this article, we’ll explore the consequences of a peace bond and guide how to remove it, with insights from our experienced domestic assault lawyers at Batting, Wyman Barristers.
A Peace Bond: What is it?
Suppose you’re involved in a domestic disturbance or family violence in some capacity. In that case, a peace bond is an appealing way of resolving a file, as the client does not receive a criminal conviction. That said, this doesn’t mean that a peace bond has no harmful elements.
A peace bond could introduce a whole host of restrictions in your life. Moreover, it could also end with severe charges and monetary penalties if you breach your court-ordered bond. Some of these restrictions may include:
- Conditions that restrict you from visiting the victim’s home or work
- Restrictions on alcohol (you could be entirely banned from buying or consuming alcohol)
- Denied accessibility to firearms (training or possession)
- Domestic violence counselling
The conditions of a peace bond will vary depending upon the circumstances. Your conditions will be based on the judge’s acumen and the details of your specific case. Such conditions retain the possibility of lasting for up to a year. Further, they can affect your life in many other ways, including potentially disallowing you to go home or even see your kids.
If you breach any of the conditions of the peace bond, it is considered a separate criminal offence. Depending on the severity of the violation, you could be hit with additional charges and prison time.
Can You Change the Terms of the Peace Bond?
There may be a circumstance where you want to change the terms of your peace bond. For instance, if the victim and you reconcile or require a discussion on the topics of combined finances or other familial problems. To amend conditions associated with a peace bond, the file has to be placed back in front of the judge who put the peace bond in place.
This requires contacting the Crown’s office and the courthouse to coordinate scheduling. Once back in front of the presiding judge, the application to vary is heard. In cases such as this, it is beneficial for the Crown to agree with the proposed amendment. Where the amendment is by consent, it is far more likely that the amendment will be granted.
Can You Remove a Peace Bond From Your Criminal Record?
If a peace bond is ordered against you, you won’t have to worry about a criminal conviction. However, in Alberta, peace bonds may arise on criminal record checks. Many employers may refrain from hiring you if a peace bond is brought to their attention because it signals that you’ve run into assault allegations or domestic violence.
How to Remove a Peace Bond
While peace bonds are temporary, you can take steps to remove them or avoid having one issued in the first place.
- Understand the Terms: Make sure you fully understand the conditions of the peace bond. Knowing what is expected of you can help you avoid unintentional violations.
- Comply with Conditions: Adhering to the peace bond conditions is crucial. Demonstrating good behaviour and compliance can work in your favour if you seek to have it removed early.
- Seek Legal Advice: Consulting with experienced criminal lawyers is essential. They can provide tailored advice and represent you in court, increasing your chances of a favourable outcome. For specialized assistance, consider reaching out to specialized domestic assault lawyers like Batting, Wyman Barristers.
- Apply for Variation or Termination: If circumstances change, such as the resolution of underlying issues or mutual agreement between parties, you can apply to the court to vary or terminate the peace bond. Your lawyer can assist in presenting a compelling case for this.
- Evidence of Rehabilitation: Demonstrating that you have taken steps to address the underlying issues that led to the peace bond can be persuasive. This might include attending counselling, completing anger management programs, or other rehabilitative efforts.
Contact us for a Free Consultation
As its name suggests, a peace bond is put in place to keep the peace. Failure to adhere to its policies can result in unfavourable consequences that are entirely avoidable. If you’re looking for the help of a professional criminal lawyer in Calgary, please book a free 30-minute consultation with Batting, Wyman Barristers.
We house a team of defence lawyers who specialize in domestic assault cases. With clients ranging from investment bankers to professional athletes, we have a broad yet in-depth understanding of legal matters to help reach the best possible outcome for our clients.
Blog posts from Batting, Wyman Barristers are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please Book a free 30-minute consultation.
