How can I remove a peace bond?

By Last Updated: March 16, 2022

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.

About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

Ask A Question

We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
READ OUR REVIEWS
GET A FREE CONSULTATION