July 16, 2024
Allegations of domestic assault are taken very seriously in Canada. A criminal record and even jail time are potential consequences. However, there are strategies that can be employed by your domestic assault lawyer that can lead to the successful resolution of the charge without the need of having a trial.
One of these is the negotiation of a peace bond resolution with the Crown Attorney.
Section 265(1) of the Criminal Code of Canada defines the offence of assault as such:
(1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
While the basic definition of assault also applies to domestic assault, some distinct differences make it more complex. The first difference lies within the relationship between the alleged perpetrator and the complainant. Due to the domestic nature of the relationship, these cases are taken very seriously. As a result, contrary to popular belief, a charge of domestic assault cannot end by the complainant simply requesting that the police “drop” the charge. This point is made by the fact that many Crown Attorney’s offices have experienced lawyers dedicated solely to prosecuting these offences.
In some cases, your domestic assault lawyer may be able to negotiate a peace bond resolution to your domestic assault charge. As a result, in this post, we will have a closer look at what a peace bond is and if it is the best option for you.
A peace bond is a court order that requires the accused to “keep the peace and be of good behaviour”. As the term itself suggests, a person bound by a peace bond is at minimum required to not break any laws. A court may also include other reasonable conditions it considers desirable to secure the good conduct of the accused. For example, most peace bonds will include conditions prohibiting contact with specific persons or attending certain places.
The typical period of a peace bond is 12 months. Once that period ends, you are no longer bound by the conditions stated in the bond without requiring another court date.
If, on the other hand, you breach the conditions of a peace bond, you may be charged with the criminal offence of disobeying an order of the court.
One of the most commonly asked questions concerning peace bonds is, “Am I admitting to guilt by signing a peace bond?” The answer is no. A peace bond is not an admission of guilt. Entering into the bond only signifies that there is a reasonable basis for the judge to require you to “keep the peace”. You are not admitting any criminal or civil liability. Once the peace bond is signed, the Crown Attorney will withdraw the criminal charges.
In most cases, yes. Your domestic assault lawyer should be able to negotiate exceptions to allow for contact with the complainant. The exception will typically state that contact is prohibited “except where written revocable consent” is provided. Meaning, once written consent is filed, usually with a police officer in charge of the case, contact with the complainant (be it your spouse, girlfriend or boyfriend) is allowed from that point on unless it is withdrawn.
For most people, the most important ancillary consequence to consider before entering into a peace bond is the potential impact on present or future employment. Specifically, if you work with or are planning a career working with vulnerable persons, such as children or seniors. This is because while a peace bond will not appear as part of general criminal record check, it will appear if a “vulnerable sector” search is performed, which could impact your ability to secure employment in organisations such as schools, hospitals and nursing homes.
In addition, entering into a peace bond will limit your ability to commence civil claims against parties, such as the complainant and/or the police. In this event, a civil lawyer should be consulted prior to entering a peace bond.
While for gun owners, entering in a peace bond will likely result in cancellation of your Possession and Acquisition Licence (PAL).
The great benefit is that the criminal charges are withdrawn and you are guaranteed to avoid a criminal record. As well, the peace bond can include exceptions to allow for contact with the complainant. Finally, if its terms are followed, the peace bond will simply expire with no further action required. As a result, a peace bond will often be a positive resolution when facing an allegation of domestic assault.
Whether it is the right option for you, should be discussed in consultation with your domestic assault lawyer.
While each case is of course different, there are steps that can be employed to increase your chance of obtaining a peace bond, including:
The common thread between these strategies is that they are directed at providing evidence to the Crown attorney that you are taking the charges seriously; that the behaviour alleged was out of character; and, in respect to counselling, steps have been taken to address any underlying issues so that it will not be repeated in the future, all of which increases the likelihood that the Crown attorney will agree that you are a good candidate for a peace bond resolution.
I have used these strategies to secure peace bond resolution for my clients, even where the allegations are serious: For example in R. v. C.Z, our client was charged with several serious domestic related charges, including choking. After we provided a package of material respecting the client’s good character, the Crown agreed to a peace bond resolution. Similarly, in R. v. A.S., after initial resistance, the Crown prosecutor agreed to a withdrawal of the criminal charge and a peace bond after we worked with our client to obtain documents related to his otherwise positive background.
A domestic assault conviction is a serious crime and can have a severe impact on your life beyond the immediate sentence. Contacting an experienced domestic assault lawyer is crucial to defend your rights and guarantee legal counsel as soon as possible. Working with Fedorowicz Law can increase your chances of avoiding a criminal record and further consequences.
Richard Fedorowicz has over 20 years of experience in criminal defence and a proven track record of success. He will fully assess any elements of a criminal case that could help the most effective defence for each of his Greater Toronto Area clients.
Call Fedorowicz Law today at 249-266-4222 or fill out our convenient online form to learn how we can help you with your domestic assault defence in Toronto!