{"id":5033,"date":"2024-06-08T20:20:38","date_gmt":"2024-06-08T20:20:38","guid":{"rendered":"http:\/\/www.oykhmancriminaldefence.com\/?page_id=5033"},"modified":"2024-06-12T20:17:15","modified_gmt":"2024-06-12T20:17:15","slug":"peace-bond","status":"publish","type":"page","link":"https:\/\/www.strategiccriminaldefence.com\/victoria\/peace-bond\/","title":{"rendered":"Peace Bond (s. 810 or common law) Victoria"},"content":{"rendered":"

\"PeaceA peace bond is a criminal court order that sets out specific conditions to protect the safety or property of others. 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.<\/p>\n

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 If a Crown consents to doing a peace bond, the criminal charge will be withdrawn.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 \u201cenhanced\u201d police background checks (for example, a \u201cvulnerable persons check\u201d), it is not entered into the national criminal record database. This means that the client can honestly say they have never been found guilty, have never been convicted and do not have 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.<\/p>\n

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 \u201cnot in the public interest\u201d 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\u2019s criminal record, whether the accused will admit what happened, and what conditions will be appropriate. Typically, only Simple assaults<\/a> 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, Victoria, Vancouver and the surrounding areas we have had success securing peace bonds for the following offence types:<\/p>\n