What happens if you breach a peace bond
At a minimum, there will be a condition to keep the peace and be of good behaviour. This means there can be no breach of the law during the lifetime of the peace bond. The accused might also be bound by other conditions that the court thinks are necessary to prevent further harm. For example, there may be a condition not to attend at certain places or contact certain persons.
A peace bond can be enforced anywhere in Canada including Ontario. If you breach your s. Depending on the nature and extent of the breach, the offence is punishable by a maximum four-year jail sentence. The maximum penalty is the same as that for the s.
The purpose of this monetary pledge is to be an incentive to abide by the conditions of the peace bond. If one or more of the conditions of the peace bond are broken, you may have to pay the pledged money to the court. You should note that a breach of a peace bond is a criminal offence and will appear on your criminal record if not successfully defended.
A peace bond is not a finding of guilty or a criminal conviction. It is an order to keep the peace in general. When a person is ordered to enter into a peace bond, it reflects a finding by the Court that there was a basis for believing that the person would commit a breach of the peace. If the accused person agrees to enter into the peace bond, the prosecuting authority will not pursue the criminal charges and will withdraw the charge s.
A peace bond will not appear on a general criminal record check. Role of Corrections. Serving a Community Sentence. Serving a Custody Sentence. Release Planning. No Contact. Restraining Order. Peace Bond. Record Suspensions. Your Criminal Record. Youth Justice. Family Members or Friends.
Services and Resources. The court can order a peace bond even if you have not been charged or convicted. Possible Conditions A peace bond imposes conditions you must follow.
Conditions a judge can impose include: Staying away from particular people or places Not carrying weapons Not using drugs or alcohol Obeying curfews a specific time of the day after which certain rules apply Reporting regularly to police or a probation officer Criminal Code - Section According to section of the Criminal Code : The court may order an recognizance peace bond for a period not more than 12 months; No convictions or charges are necessary for an recognizance to be ordered; and A section recognizance is supervised like a probation order because of the threat of harm to a community or person it is intended to address.
This is a guarantee that makes a peace bond appealing. In any case, there are many factors that must be considered before deciding to enter into a peace bond. An experienced and knowledgeable lawyer will be able to provide you with legal advice regarding this issue. If a peace bond is not yet on the table, depending on your case, a lawyer may be able to negotiate a peace bond for you. It is recommended that you consult a lawyer before you decide to accept or reject a peace bond. For additional information about peace bonds and court orders in general, give us a call toll-free at or email us at consult libertylaw.
Rather, this website in particular, the blog is intended to provide generic legal information only. The scenarios and concepts described may or may not apply to your particular case. Further, even if the scenarios described appear to apply to your case, there are always exceptions to every rule that cannot be fully described here. Finally, reliance on any of the contents described in this website shall not create a solicitor-client relationship.
To retain a lawyer for legal advice specific to your case, please contact one of our lawyers for a free-consultation at Peace Bonds Peace Bonds Generally In Canada, a peace bond is an order from the court that requires a person to keep the peace and be of good behaviour, and observe any other conditions imposed by the court. How are the two types of peace bond different? What are the conditions under a peace bond? What happens if I breach a condition of the peace bond?
It is therefore highly suggested that you consult a lawyer, who can advise you on what you can and cannot do while you are under a peace bond, and who can assist you if you have breached a peace bond, Is it the same as pleading guilty? And will it lead to a criminal record?
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