Facing a domestic assault charge is a difficult and stressful experience. When a peace bond is involved, the situation becomes even more complex. A peace bond is a court order that imposes specific conditions to prevent future harm or disturbances.
While it is not a criminal conviction, it can still have serious consequences on your freedom, employment, and reputation. Understanding how peace bonds work, their consequences and the available defence strategies is essential if you’re facing a peace bond related to a domestic assault case in Alberta.
This blog will explore their legal impact and how criminal lawyers defend against them.
What Is A Peace Bond Under Canadian Law?
Under Section 810 of the Criminal Code of Canada, a peace bond is a court order that requires an individual to “keep the peace and be of good behaviour” for up to 12 months.
A peace bond is often used when there is no sufficient evidence for a criminal conviction, but the Crown believes that the accused may pose a future risk to the complainant or public safety.
How Peace Bonds Apply To Domestic Violence Cases
Peace bonds can be of different types. In domestic assault cases, peace bonds are frequently used when:
- The Crown does not have enough evidence to secure a conviction.
- The complainant is unwilling to testify.
- The accused does not have a prior criminal record.
Typical Conditions Of A Peace Bond
- A peace bond may impose the following restrictions:
- No contact with the complainant
- Staying away from the complainant’s home or workplace
- Surrendering firearms or weapons
- Attending counselling or anger management programs
- Abstaining from alcohol or drug use
Legal Insight: A peace bond is not a criminal conviction. However, breaching its terms can lead to new charges under Section 811 of the Criminal Code.
Potential Consequences Of A Peace Bond
Although a peace bond does not create a criminal record, it can still have serious consequences:
Travel And Immigration Consequences
A peace bond may appear on enhanced background checks, which can affect:
- Entry into countries like the United States
- Immigration or visa applications
Employment Restrictions
While a peace bond typically does not appear on standard background checks, it can show up on a vulnerable sector search, which may impact employment involving children, seniors, or other vulnerable groups.
Firearm And Weapon Prohibition
Most peace bonds include a condition prohibiting firearm possession, which can result in the cancellation of a Possession and Acquisition Licence (PAL).
Family And Custody Issues
A peace bond can influence family law matters, including child custody and access. Courts may see the existence of a peace bond as a sign of potential risk, even though it is not a conviction.
How To Defend Against A Peace Bond In A Domestic Assault Case
1. Challenging The Basis Of The Peace Bond
To issue a peace bond, the Crown must prove that the complainant has a reasonable fear that the accused will cause harm or damage. A defence lawyer can challenge this by:
- Cross-examining the complainant’s testimony.
- Presenting evidence that the complainant’s fear is exaggerated or unfounded.
- Providing witness statements or physical evidence to dispute the complainant’s claims.
If the court finds the complainant’s fear to be unreasonable, the peace bond request may be denied.
2. Negotiating Favourable Terms
If the court decides to impose a peace bond, a defence lawyer can work to minimize its impact by negotiating reasonable terms:
- Limiting the no-contact order to specific situations
- Reducing restrictions on movement and communication
- Removing unnecessary firearm or alcohol prohibitions
A lawyer may also seek to modify the terms if they are too restrictive or not justified by the evidence.
3. Questioning The Motivation Behind The Peace Bond
In some cases, peace bonds are sought for reasons unrelated to actual fear, such as:
- Gaining leverage in a divorce or custody dispute
- Attempting to secure financial benefits
- Retaliation after a failed relationship
A defence lawyer can present evidence that the peace bond is being used as a manipulation tactic, which may lead the court to deny the request.
4. Presenting Character And Background Evidence
A defence lawyer can introduce evidence of the accused’s character and background to challenge the need for a peace bond, such as:
- Stable employment
- No previous criminal record
- Positive involvement in the community
Establishing a positive character can help undermine the basis for issuing a peace bond.
5. Seeking Withdrawal Of The Peace Bond
In some cases, the Crown may agree to withdraw a peace bond request if the defence lawyer presents mitigating factors, such as:
- Voluntary participation in counselling
- Demonstrated rehabilitation
- Lack of previous criminal conduct
A skilled defence lawyer can negotiate directly with the Crown prosecutor to resolve without the need for a formal peace bond.
When Is Accepting A Peace Bond The Best Option?
In some situations, accepting a peace bond may be a strategic decision:
- If the alternative is a criminal trial and possible conviction.
- If the terms are reasonable and non-disruptive.
- If the accused does not plan to have future contact with the complainant.
Accepting a peace bond allows the accused to avoid a criminal record while resolving the matter with minimal legal consequences.
The Role of An Experienced Domestic Assault Defence Lawyer
Defending against a peace bond in a domestic violence case requires a strategic and knowledgeable approach. A skilled criminal defence lawyer can:
- Assess the strength of the Crown’s case
- Challenge weak or inconsistent evidence
- Negotiate more favourable terms
- Ensure that the accused’s rights are protected throughout the process
At Slaferek Law, we specialize in defending clients against domestic assault charges and peace bonds. With over 20 years of experience representing clients in Alberta, we understand the complexities of domestic assault cases and peace bond defence.
Our goal is to protect your rights and help you navigate the legal process effectively. Contact us today to schedule a confidential virtual consultation and explore your legal options.