What Is a Legal Peace Bond
Depending on the details you give the justice of the peace, he can issue an arrest warrant so that the police can arrest the person. If this is the case, the court may decide to release the person under certain conditions, such as not contacting you or going to your home or work. If the person making a peace pact does not respect the terms of the peace commitment, call the police. The police can arrest the person and charge them with a crime. This could result in a prison sentence of up to four years. It could also lead to a criminal record. (A peace pact in itself is not a criminal conviction.) In Canadian law, a peace bond is a criminal court order that requires a person to keep the peace and behave well for a period of time. This essentially means that anyone who signs a peace pact cannot be charged with other crimes during its duration. [1] The bonds of peace often have other conditions, such as not having weapons or staying away from a certain person or place. Peace bonds are similar to a civil court injunction and are also based on the lower burden of proof in civil law.
If the police accuse the person and the person denies the charges, there will be a trial. You may then have to testify about how the person broke the peace bond. If the court agrees that there is sufficient evidence, the person is summoned to a hearing. A peace order is a court order designed to prevent someone from committing a crime. The person signs (or concludes) the Peace Pact and agrees to “keep the peace and behave well” and to abide by certain conditions – for example, not contacting anyone or visiting certain places. Not obeying the conditions of a peace league is a crime. Someone who has been threatened files a peace suit and a criminal complaint with the justice of the peace in that person`s peace district. The justice of the peace then issues a warrant for the arrest of the accused. If the person accepts the Peace Pact, the judge will grant the Peace Pact immediately. The person must read and sign the Peace Pact. They must indicate that they understand the commitment and agree to follow conditions, such as.
The accused may avoid detention pending the hearing of the peace complaint by presenting a false guarantee stating that he will not commit the crime allegedly threatened against the person or property of the complainant and that he will keep the peace with the applicant and all others until trial. Breaking a peace bond is a criminal offence that can result in imprisonment. In addition, when a peace bond is issued, the surety promises to pay the court a certain amount of money if he or she violates the terms of the peace bond. The amount of money promised varies depending on the circumstances of the case. If the peace bond is broken, the related person can not only be prosecuted, but must also pay this guarantee. In accordance with Article 810 of the Criminal Code, you can apply for a peace guarantee against anyone. This can be a partner or a family member. But it doesn`t have to be someone you`ve been in a relationship with. For example, you could ask for a peace bond against a neighbour or colleague. On the website of the Federal Department of Justice, you will find information on victims` rights, including a fact sheet on how to apply for a peace bond. If the person does not agree to conclude the Peace Pact by court order, he or she may be sent to prison for up to 12 months.
If the accused does not accept the peace guarantee, the police will swear the information in court and set a trial date. The court then issues a summons to appear from the defendant that day. The judge hears both parties, including testimony from you, the other person and other witnesses. After reviewing all the evidence, the judge will decide whether or not to order a peace bond. A peace bond may be issued by a criminal judge or justice of the peace. [2] A guarantee of peace is usually issued when the Crown prosecutor is satisfied that there are no valid arguments against the accused. A person pleads not guilty when he makes a peace commitment. Therefore, no guilty verdict or sentence is recorded if a person agrees to sign a peace pact.
One of the reasons a person may agree to enter into a peace pact is to avoid criminal prosecution and, ultimately, the possibility of being convicted by a court for the crime for which they were charged. A conviction by a court would mean obtaining a criminal record. [3] You may have heard of peace bonds, especially if you live in Canada or watch Canadian media. While peace bonds are fairly common in Canada, they may seem strange to an American audience. By mixing criminal and civil law, peace commitments are somewhat unusual in that, instead of punishing crimes, they aim to prevent those crimes in the first place. While peace bonds are primarily used in Canada and not in the United States, they are nonetheless an interesting topic for U.S. lawyers who are wondering whether such a tool could also be used south of the border. In these situations, a person can obtain from the court a guarantee of peace against the defendant. The court may impose special conditions to prevent the defendant from harming the person, his or her spouse or partner, or his or her child or damaging his or her property. Step 3: Police conduct an investigation, which may include interviewing other witnesses, conducting criminal record checks and interviewing the accused. If the police agree that there are reasonable grounds to fear the person, they will draft a peace pact with a list of conditions and then contact the defendant to ask if they are willing to accept the peace bond.
In most cases, the defendants agree to sign the peace treaty so as not to go to court. Sometimes you can get the justice of the peace to issue a peace bond and receive some level of formal protection, even if the defendant`s conduct does not reach the level at which you could obtain a protection order, or if the conduct is not a prosecutable crime by law enforcement. When a peace bond ends, you must go back to court if you want a new peace bond. You do not need to wait until the peace commitment is over before submitting a new application. Peace bonds, or “guarantees of good conduct,” appear to have been common in early U.S. history. [8] Many states still retain laws requiring peace bonds, but they are rarely invoked. [9] The constitutionality of existing peace bond laws is questionable. [ref. needed] A peace bond is a protection order issued by a court under section 810 of the Criminal Code.
It is used when a person (the accused) is likely to commit a crime, but there is no reasonable reason to believe that a crime has actually been committed. A contempt verdict could result in a fine, imprisonment of the accused, or both. In addition to the imposition of these provisions in the order, the costs of the proceedings are also borne by the accused. On the other hand, if the judge concludes that the peace action was filed without just cause or that no serious threat was made by the accused, he will order the dismissal of the defendant and may order the plaintiff to pay the costs of the proceedings. The police may collect information from you and others. This will help them decide whether to recommend a peace bond or a criminal complaint. Whether you have a peace bond, if you need immediate protection, call the police, go to the nearest shelter, or call a crisis hotline. Any person may apply to a court for a peace undertaking against another person.
We briefly explain the steps of the process. You must ensure that you receive a copy of the Peace Band and keep it with you. A peace bond can protect you from anyone, including someone you`ve just dated, such as a boyfriend or ex-boyfriend. At the request of the police, the court issues a warrant for the arrest of the accused if the police satisfy the court that the accused may pose a danger to himself or others or that he is unlikely to appear at trial. If the arrest warrant is ordered, the police will arrest the defendant and take him to court for a hearing. If the court finds that the defendant poses a danger to himself or herself or others, or that he or she is unlikely to appear at the peace warrant hearing, the court may order that the defendant be detained pending the hearing, or may order his or her release until the hearing, but subject to conditions. The prosecutor and the applicant appear before the justice of the peace and present their arguments on the peace complaint. If the justice of the peace finds that the crime was intentional or that the threat was made seriously, the judge will ask the defendant to post security in the amount he or she considers appropriate in the circumstances.