Anyone can apply for a peace bond under section 810 of the Criminal Code. The person may ignore the court order. They will contact the person to ask if they are willing to agree to the peace bond. There are two main kinds of protection orders that you can apply for if you're afraid for your safety or the safety of your children: a restraining order and a peace bond.
A restraining order might say that a person must not: - come within 500 metres of you and your children. If the officer you speak with acts inappropriately, ask to speak to a supervisor or talk to the Victim Witness Assistance Program (VWAP) staff. The other person may be represented by a lawyer or may speak for themselves at the hearing. Depending on the situation, a person can be charged with "assault, " "assault with a weapon, " "assault causing bodily harm, " or "aggravated assault. " That is a different process. This is a court officer who deals with process matters. You do not need a lawyer to apply. If you have kept any notes about past incidents or there is anyone who saw the person in question threaten you, tell the police officer at this time. Give exclusive possession of personal property to one person, such as a vehicle, ID documents, bank cards, keys, etc. A peace bond can't be cancelled. Police cannot enforce a peace bond after it has ended. If none of these situations apply to you, you can think about going to criminal court to ask for a peace bond.
There are several ways to get a no-contact order. If you fear for your safety or the safety of your children, but are not in immediate danger, you may want to: Peace Bonds. Phone: 867-536-2541. In serious cases, the accused person could receive a jail term of up to 4 years. If the person who enters into a peace bond disobeys the conditions in the peace bond, call the police. If the court agrees there is enough evidence, they will summons the person to come to court for a peace bond hearing. Sometimes the person might do things to get you to break the peace bond so they can call the police on you. This includes family violence. Family Protection Orders are usually applied for through the BC Provincial Court, though they can be applied for through the BC Supreme Court as well. Ensure the officer has your current contact information for future communications, and be sure to write down the police case number or file number and the officer's name. To find out whether your case is eligible for a peace bond resolution please contact our office for a free consultation. The judge will decide if a Peace Bond is appropriate. Often, a person who has been charged with a less serious crime will agree to enter a Peace Bond is to avoid a criminal record. Not following the conditions in a peace bond is a crime.
The RCMP will then prepare an information and summons. The court will order a peace bond. Call the RCMP to report the breach of a peace bond. Call your local police and tell them that you need a peace bond. It can't protect you from someone who doesn't think about the consequences or who doesn't care about being arrested or losing the bond money. For more information on ROs, see CPLEA's Restraining Orders booklet.
How to obtain a Restraining Order. Once the respondent has a copy of the KBPO, they must comply with the order. The information is a sworn statement you complete in front of a justice of the peace. A judge will confirm or order a rehearing of the EIO. You must file the petition within 30 days of the respondent's abusive acts. In each case, the judge granting the order will decide the specific terms in the order and how long it should remain in effect. It can take a long time to get any type of court order, especially if the other person asks the court for more time to get ready. If the other party still refuses to sign the bond, they may be sentenced up-to 12 months in jail. An average of 90 days. This will give you as much protection as possible. You will have to prove to the JP that your personal safety is at risk or that your property is at risk.
Many people, including some in law enforcement, believe that the three terms mean the same thing. You can apply to waive these fees if you meet certain financial criteria. Area of Law: Family Law. Once a KBPO has been issued by the court, a copy of the order will be given to the respondent, usually by the police or a process server. Generally, the protective order cannot exceed one year. A restraining order can only apply to partners and former partners, including same-sex partners, and only in family situations, where spouses or partners have separated. Tell the 911 dispatcher: - why you feel afraid for yourself or your children, especially if your partner: - has been violent to you or other people in the past, - has been using alcohol or drugs, - has threatened or attempted suicide recently or in the past, or. You will also be required to attend at court.
The steps in applying for a peace bond. The order prevents the accused from contacting specific people, such as: - the victim; - witnesses; or. Tell the police that you're worried about this, and. If the person refuses to sign the peace bond, there will be a peace bond hearing before a judge. You will be asked to describe what has happened to make you feel afraid for your safety. The hearing can be done at Victim Services or the RCMP detachment. The person who enters into a peace bond does not receive a criminal record. In these cases, the RO is usually reviewed within 2 weeks so that the respondent can respond to the allegations. If the person breaks or threatens to break the peace bond, call the police immediately. The person you name will then be required to appear in court on a certain date and time. The process will be the same as it is when you call 911. Applying for a peace bond.
Depending on which court you are in, you will be required to attend either a first court date, or a case conference, where you will be able to explain your case. For legal advice and assistance with domestic dispute issues and other family law matters, contact a family law lawyer. If you're granted a hearing: - you and the person you named in the peace bond application will have to appear; - you will have to testify about why you fear for your safety; - the person you named in the peace bond will have a chance to testify and to ask you questions in the hearing; and. You should make sure to get a copy of the peace bond and keep it with you. It's a signed promise to keep the peace and to be on good behaviour.
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