What conditions will I have if I sign a peace bond?
Once a peace bond is implemented, you will be obliged to comply with a number of conditions. If you fail to comply with the conditions stipulated by a peace bond, you will be charged with a serious criminal offence. In the event of a conviction for a breach, you will face a sentence of up to four years of time served in prison. Furthermore, in the event of a conviction, you will also be required to forfeit any money that you promised to pay the court in the event of a breach, or that you already paid the court for a deposit as a condition of the peace bond.
The conditions that are generally stipulated by a peace bond include, but are not limited to:
- Keeping the peace and being of good behaviour;
- Abstaining from consuming drugs and alcohol;
- Reporting to a probation officer for drug and alcohol testing as required;
- Not contacting the person or persons protected by the order. This includes direct and indirect communication. So you will not be allowed to all the person, send them messages over Facebook, text or email, and you cannot communicate with them through other people.
- Stay a certain distance away from the complainant’s home and or work;
- Not owning any firearms or weapons;
- Pay a surety or a deposit to the court, or promise to pay a surety to the court in the event of a breach;
- Any other condition that the Justice or Judge hearing the application may deem reasonable and necessary in order to ensure your compliance with the order, to protect the complainants, and to prevent the further commission of a crime.
When signing a peace bond it is of your utmost interest that you are represented by a criminal defence lawyer. This is so because it will often be the case that the conditions that are being imposed on you may be unreasonably difficult for you to comply with. Prior to signing a peace bond, you should consult with one of our skilled defence lawyers who can negotiate with the Crown Prosecutor and reach a joint submission with respect to what conditions should be imposed by the court. When the Crown and your defence jointly propose conditions to the court, as long as the conditions comply with law it is often the case that the judge will also consent to the conditions, and that you will be able to avoid anything too unreasonable or difficult to contend with.
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