Preparing an Application About a Protection Order (Form 12). For more information on KBPOs, see CPLEA's King's Bench Protection Orders booklet. Assault is a crime even if you're not hurt, and sometimes even if you were not actually touched. 1, § 3-1504; § 3-1505. For more information, see CPLEA's Exclusive Possession Orders booklet. How can I apply for a Protective Order? Peace Bonds and Restraining Orders refer to the same type of court order. An average of 90 days. The person you're asking for an order against doesn't have to keep away from you or your children while you're waiting for the court to make a decision. The peace bond may also include conditions such as to stop contacting you and stay away from your home or place of work. If you need protection urgently, call 911 and tell them you're afraid your partner might hurt or sexually assault you or your child.
Peace Bonds are not bullet proof! In person: 2134 2nd Avenue in Whitehorse. You can apply for a Peace Bond by contacting the police. Temporary possession of pets. A peace bond is a more serious form of restraining order because breaching the conditions may result in criminal charges.
Can the person using violence appeal the order? Who can apply for a peace bond. A Peace Bond is a protection order made in the criminal court system by a judge, or justice of the peace. You do not have to be present at this time, but may choose to attend.
Come within 750 metres of your home and work. You can have a lawyer represent you during the hearing, but you don't have to. However, if one of the conditions imposed is breached, the person may be charged with a criminal offence. If a peace bond (they're now called a "surety to keep the peace") is ordered, the person accused of being aggressive usually has to agree: - that they did something wrong, and. Who is eligible for a protective order and a peace order? Public Service Announcement) The below information is not offered as legal advice, but is procedural information only. The main condition of a peace bond requires that a client "keep the peace and be of good behaviour. " If the other party still refuses to sign the bond, they may be sentenced up-to 12 months in jail. There is no filing fee. Conditions may include the following: - having no contact with the victim(s), - not attending the victim's home or workplace (also called a "no go" condition), - a prohibition on carrying firearms or weapons, - not to purchase or consume alcohol, - not to attend establishments where the primary business is the sale of alcohol, and. I came to Stephen Hebscher with a somewhat irregular case. Breaching a peace bond can also result in a financial penalty, where the accused ends up owing the government a substantial fee. The below information summarizes the uses, benefits, and restrictions of each.
He was charged with sexual assault. Emergency Protective Order: can last up to ninety (90) days, issued by a Justice of the Peace or a Magistrate after the abuser has been arrested and is being magistrated. An Exclusive Possession Order is a court order under Alberta's Family Law Act or Family Property Act that can give you sole possession of the family home. Do not invite the person to see you unless the peace bond has been changed to allow it, or the peace bond has expired. Usually they tell the abusive person to have either no contact or limited contact with you. As criminal defence lawyers in Calgary, Edmonton, and surrounding areas we have had success securing peace bonds for the following offence types: A peace bond generally lasts between 6 and 12 months. I am happy to report that Bruce's superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position.
In person: 212 Main Street, Suite 210 – 2nd floor. Misuse of telephone facilities and equipment or electronic communication or interactive computer service. A Peace Bond is not a criminal record, although the police will be aware of whether a person they are investigating is subject to the terms of a peace bond. I am very grateful for what you have done. The Supreme Court (Family Division) usually does not deal with peace bonds. For example, a mutual peace bond might say that neither of you can contact the other person. Has no time limit, unless the judge in your case includes a specific expiry date.