If you have been caught or reported for committing a crime, you could be presented with the option of entering into something called a peace bond. In simple terms, the idea of a peace bond is a way to essentially ‘keep the peace.’
It is precisely certain terms you agree to that will then become part of a court order. This can include staying away from a certain person, not contacting that person or even avoiding a specific area in general. It could also include conditions requiring you to attend counselling or other conditions that may apply to your case.
Peace bonds don’t require an actual criminal charge to be laid. Where they most commonly occur, however, is when someone has been charged with a minor assault, uttering threats or something similar. If this is the case, the Crown may agree it is in the public interest to resolve the matter through a peace bond rather than trial.
Even though it is a court order, it cannot just be handed down to you without your consent, meaning you have to agree to the conditions of your peace bond.
However, in some cases, a judge may order one without you agreeing. In cases like these, our lawyers here at Acumen could attempt to assist you in getting rid of the peace bond through an appeal. The appeal would be to the BC Supreme Court.
Can you exit a peace bond?
Once you have agreed to enter into a peace bond, you can’t just ‘get out of it.’ However, sometimes a person may want to change their condition if they realize that what they have agreed to is not plausible.
Sometimes people may want to change it after the fact because they thought the condition would be fine, but it turns out to be unworkable.
For example, under a peace bond, a person might have a restriction saying they can’t go to a particular area, but it could turn out they find it difficult to travel to work or do some other necessary part of their life while not going to that area.
While it is possible to change the conditions of a peace bond, it entirely depends on whether the Crown will consent to them being changed and whether or not a judge will agree.
Should I agree to the peace bond or not?
When it comes to entering into a peace bond or not, there are several things to consider.
A key consideration is deciding whether or not you gave the person a reason to fear for their safety in your presence, so you do not agree that you did something you did not actually do.
It is also necessary to consider the consequences of going to trial, including any potential criminal convictions.
The impact that the conditions of the peace bond itself would have on your life should also be considered when making a decision. You will also have to consider whether it could impact other proceedings like a family law case or a civil case.
These are all things to speak to a lawyer about, so you can adequately weigh the options after getting necessary legal advice.
A peace bond is not necessarily a bad thing, and in some cases, it can be the better option, a trial that could potentially land someone with a criminal charge. However, it is important to get proper legal advice before deciding whether to agree to or reject the conditions altogether. If you find yourself being presented with this option, don’t hesitate to contact Acumen law so you can get the necessary advice and help for your own unique case.