Peace Bonds and Restraining Orders refer to the same type of court order. The proper legal term in criminal law is Peace Bond. In Family Law proceedings, the term used is Restraining Order.
Peace Bonds essentially come in two forms: Under Section 810 of the Criminal Code, a judge or justice of the peace can order a person to keep the peace and be of good behaviour, as well as abide by other conditions (such as non-contact with specific named individuals), if satisfied that the complainant has reasonable grounds to fear for his or her safety. A violation, or breach, of a condition of a peace bond is a criminal offence called fail to comply with a recognizance. Peace Bonds can also be ordered at common law, i.e. as part of the judge’s inherent jurisdiction to prevent a breach of the peace. It is unlikely that a conviction will follow for a violation of a term of a “common law” peace bond.
In many domestic assault prosecutions, The Criminal Law Team has succeeded in negotiating the withdrawal of charges in exchange for a Peace Bond. 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. Many times, there will be a condition that the accused not be allowed to have contact with his or her spouse or significant other, unless the partner provides consent in writing to do so. In many other prosecutions, The Criminal Law Team has been able to negotiate a peace bond in exchange for the withdrawal of charges alleging violence or assault.
Do you need a Peace Bond Withdrawn?
The Criminal Code also contains the offence of fail to comply with recognizance in relation to a violation of a condition of a peace bond imposed on a person who, on reasonable grounds, there is a fear that he or she will commit a specific sexual offence. Once ordered, the person is usually ordered to stay out of places where, for example, children normally attend such as school playgrounds, parks, recreation centres and public swimming pools. Many times, a condition is added that the person is not allowed to be in the company of someone under the age of 16 or 18. If convicted of a breach of this type of peace bond, the penalties are usually quite severe. The Criminal Law Team recognizes that persons subject to these types of peace bonds may be in need of treatment or care. We offer access to the professional help and support in the community of psychiatrists, psychologists, social workers, and therapists.
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
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. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)