Peace Bond

How to Resolve Domestic Violence and Similar Charges Without a Criminal Record

A peace bond is a criminal court order that sets out specific conditions to protect the safety of others or property. A judge can order that a peace bond be imposed if there is a reasonable fear that a person will cause personal injury to another person, their family, or their property. Section 810 of the Criminal Code allows a peace bond to be imposed, much like that of a restraining order. A peace bond is a more serious form of restraining order because breaching the conditions may result in criminal charges. Breaching a peace bond can also result in a financial penalty, where the accused ends up owing the government a substantial fee.

For accused persons charged with family/domestic violence offences where there has not been serious injury, a peace bond is very often the best possible outcome. If a Crown consents to doing a peace bond, the criminal charge will be withdrawn. Preventing a criminal record is the most beneficial result that we seek for our clients. While a peace bond may show up on certain kinds of “enhanced” police background checks (for example, a “vulnerable persons check”), it is not entered into the national criminal record database. This means that the client can honestly say they have never been found guilty, and have never been convicted and have not received a criminal record. Peace bonds do not require the accused to plead guilty.  The only legally binding criteria is that there is a reasonable fear that an offence may be committed.

A peace bond will only be available where the Crown consents. It is important to have a criminal defence lawyer to convince the Crown that it is “not in the public interest” to proceed with the charges. When deciding whether to agree to a peace bond, the Crown will consider whether the offence involved a serious injury, whether there is a substantial history of abusive behaviour against the victim, the accused’s criminal record, whether the accused will admit what happened, and what conditions will be appropriate.  Typically, only simple assaults will be eligible for a peace bond. Under the right circumstances, however, and with proper legal representation, even more serious offences can result in peace bonds. As criminal defence lawyers in Calgary, Edmonton, and surrounding areas we have had success securing peace bonds for the following offence types:

A peace bond generally lasts between 6 and 12 months. The main condition of a peace bond requires that a client “keep the peace and be of good behaviour.” The length and specific conditions of a peace bond are based on a case-by-case basis and it is important that you have a criminal defence lawyer to negotiate these with the Crown. Conditions may include the following:

  • having no contact with the victim(s),
  • not attending the victim’s home or workplace (also called a “no go” condition),
  • a prohibition on carrying firearms or weapons,
  • not to purchase or consume alcohol,
  • not to attend establishments where the primary business is the sale of alcohol, and
  • counselling requirements.

The conditions of a peace bond can be changed over time if you have a lawyer willing to make that application before a judge.

To find out whether your case is eligible for a peace bond resolution please contact our office for a free consultation.  It is important to get legal advise regarding your case as soon as possible to receive advise not only on the merits of your case, but also on what you can do to maximize your chances of receiving a peace bond resolution.

Peace Bond FAQs

  1. What is a peace bond?
  2. How will a peace bond affect my criminal record?
  3. What are the different types of peace bonds in canada?
  4. What conditions will I have if I sign a peace bond?
  5. How can I remove a peace bond?

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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.

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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.

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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.
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