How can I remove a peace bond?

>>>How can I remove a peace bond?

If you have been accused of a violent offence, your best chance of fighting a peace bond is before the peace bond is even signed. If you know that a peace bond is being sought and you would like to oppose it, it is in your best interests to contact a criminal defence lawyer who can help you make full and effective submission as to why it is unreasonable in the circumstances.

If you do not take this opportunity to demonstrate why it should not be imposed, it is highly unlikely that you will have any success in appealing the peace bond later on down the road. In fact in Canada, we do not actually have an unrestricted right to appeal a peace bond, and a peace bond can only be quashed in very narrow circumstances. Specifically, in order to appeal a peace bond, you will have to establish on the balance of probabilities that it is invalid for the reason that it was involuntary, uninformed, or equivocal. While it may not seem like it, this is a fairly high bar to meet. In order to prove involuntariness you will typically need to demonstrate that you were essentially deprived of your free choice through forceful or coercive behaviour. Arguments that the peace bond was uninformed or equivocal will typically tend to succeed only when you did not have counsel, or that your counsel was completely ineffective. If you did have experienced counsel, there will be a presumption in the counsel’s favour that you were properly informed of the consequences of the peace bond, and a presumption that your counsel was effective. Further, due to procedural considerations, it does take a considerable amount of time to actually have the matter brought before the court to be able to argue for the appeal. As such, by the time that you actually have an opportunity to formally request that the peace bond is quashed, it may be expired or may be almost be expired.

Given the difficulty of appealing a peace bond, the most effective way to deal with a peace bond after it has been implemented is to seek the assistance of a criminal defence lawyer who can help you make an application to vary the terms of the order. A criminal defence lawyer can help you bring the matter before the court and vary conditions such as no contacting or no going near the complainant, or conditions that may preclude you from entering your home.

Varying The Conditions Of Your Peace Bond:

It is a very common occurrence that the complainant and an accused would like to reconcile after a peace bond has been set in place, but are unable to because of the no contact and no go conditions attached to the peace bond. It is equally often the case that while the complainant and accused do not want to reconcile, they do need to be in contact for the purposes of paying shared bills or caring for their children.

With the consent of the complainant, a criminal defence lawyer can help you vary these conditions before the court so that you can reconcile or go on living your life in a normal manner. If you currently are subject to a peace bond and need conditions varied, contact one of our criminal defence lawyers immediately. We have years of experience dealing with violent offences and peace bonds, and we will be able to use our advocacy skills and legal knowledge to help you quickly achieve the results you want.

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All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

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If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.