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I have a question regarding peace bonds. Do they apply for

 
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Customer Question

I have a question regarding peace bonds. Do they apply for someone who is being threatened by physical violance? I have recieved 2 e-mails from this person as well as been approached in public, him with the intention of inflicting bodily harm upon me. Because he is within close proximity to my life (work mainly) I would rather not have to deal with the possibility of someone jumping me on my way to or from work or even during. What can I do?

 

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Province/Territory relating to question: British Columbia

Already Tried:
I have tried to settle thing speacefully but this guy just seems to prefer violence.

Submitted: 297 days and 10 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED
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Expert:  Ulysses101 replied 297 days and 6 hours ago.

Hello, and thank you for the question. We'll discuss it until you're satisfied that your question has been fully answered (I can't promise that it'll be the answer you want to hear, though). Please don't rate the service or provide feedback until we're finished, and then when your satisfied a positive rating gives the site and I credit for my work with you.

When did you receive these emails? How explicit are they?

What does this person have against you?

Have you contacted the police about this?

Have you spoken to your employer about this?

Is it a unionized workplace? You say that your contact is mainly through work, is there contact other than at work? You both work in the same place?

Ulysses

Customer replied 296 days and 19 hours ago.

I recieved one of them just last night. He has been harrassing me, (at work he would walk by and purposely slam himself into me every time). He has a history of violence when it comes to pretty much anything although I am sure he has never been confronted by the police with anything as far as I am aware of. He has approchaed me in the mall once while I was looking at jewelry for my girlfriend. His girlfriend, a friend of mine at the time had come up and I was talking to her, he then showed up and told me to get lost. When I refused he got right in my face and started telling me to beat it or he would make me.


 


What does he have against me? I honestly have no idea. I believe he thinks I am trying to steal his girlfriend which is hardly the case. Everyone knows I am in love with mine and care nothing about anyone else but her for that matter. Hard to believe this all started when I was talking to his girlfriend and told her that if she were ever single I would be dumbfounded and ask her what happened? That was the start of things, I had thought it all sorted out until just recently (past few days). Someone at work had apparently discovered something that happened between me and his girlfriend between the two of them even met. They thought it was great gossip as do most these days and decided to start telling everyone. Once she got wind of it it would seem she, in an effort to hide the truth has told her boyfriend that I am spreading such rumors, which I am not. I keep my personal life private. I can truly say there are only 2 people in this world who know anything about me. I have no feelings towards this girl, nor do I care for her in any way. I just want to be able to live my life without wonton threat of someone possibly attacking me because he is an over zealous boyfriend or whatever.


 


I have yet to contact the police although I might as I do see them on a regular basis in passing. We are both under the same employer but in 2 seperate locations. One is within a mall the other a gas station located a block or 2 from the mall. It is about a 5-10 minute walk roughly. I have not spoken to my employer about this as I wish to keep my personal life seperate from my work life. As far as I am concerned this should have no place in the work place.


 


A fault of mine would be that I am not intimidated by this person to say the least. I however do not wish this situation to come to blows and would rather just have it dissovled before it escalates any further hence the inquiry for a peace bond. I should not have to live my life knowing that every day I may have to defend myself from this guy for no reason at all... well, if there is one, a truly childish reason at that. Where I know I can place charges for assault ater the fact I would hope it does not come to that.

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Expert:  Ulysses101 replied 296 days and 16 hours ago.

I understand. So you don't work at the same place as this fellow, but you run into him because your workplace is close to his. I thought that perhaps you worked at the same place, in which case your employer could be expected to intervene.

You asked about a peace bond. A peace bond is a contract between a person and the crown attorney that the person will keep the peace and be of good behaviour, especially towards a third person, in this case you. A peace bond is normally something that is offered to an accused in an assault case where the crown attorney thinks that they are unlikely to convict. Then they offer to withdraw the charge in exchange for the peace bond. It doesn't count as a criminal conviction, but it will show in on a criminal records check for the person.

So, to have a peace bond in place you do one of two things. You complain to the police that you are being assaulted or harassed, the police charge the person, then the person enters into an agreement with the crown attorney that there's a peace bond and the charge is dropped. If the police won't lay a charge then you can approach a Justice of the Peace yourself and ask for a charge to be laid or a peace bond sought by the crown attorney. This happens regularly because the police don't like to lay charges for minor assaults that aren't domestic in nature, or when they think that there's little chance of conviction.

It sounds like you've already been assaulted, since an assault is any unwanted physical contact. If this was recent, you could call the police and make a report. Even if the police don't charge him, they'll contact him and tell him to keep a wide berth otherwise next time they will charge him. That usually resolves these problems.

Sadly, there's little you can do without him being notified. An order is just ink on paper after all, and if he doesn't know that he's to stop with the harassment and threatening behaviour and assaults, then he can't be held accountable for not stopping.

Another option is entirely personal. If your girlfriend knows his, ask your girlfriend to tell his girlfriend that he should knock it off, or else you might feel compelled to contact the police. This guy clearly has some anger management issues. He needs to be told by a higher authority to knock it off, whether that authority is the police or his girlfriend, I doubt you care which as long as it stops.

I'm sorry if this isn't what you wanted to hear, but don't shoot the messenger. If I've answered your question please provide positive feedback so that the site and I get credit for the time I've spent on your matter. If you have followup questions, please reply with them before you rate the service.

Good luck
Ulysses

Customer replied 296 days and 15 hours ago.

Just to clarify, basically the option that lays before me is to contact the police about harrassment and if it continues from there continue into seeking a peace bond? (my girlfriend does not know his, for the best. I'm sure mine would have already come to blows with his over this matter and him at that). Violence is what I seek to avoid.

Accepted Answer

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Expert:  Ulysses101 replied 296 days and 15 hours ago.

The crown attorney or a justice of the peace are the only entities that can enter into a peac bond with this person who is harassing you. If you make a report of harrassment, and report that you've already been assaulted (him bumping into you to indimidate you) then the police are likely to contact him and tell him in no uncertain terms to knock it off, or else he'll be charged. Or, they may charge him and the crown may offer him a peace bond to withdraw the charge. Or perhaps the crown will pursue the charge and he'll be under a recognizance until conviction to stay away from you, and if convicted be ordered by a judge to stay away from you.

Regardless of how this plays out, to get a restraining order or peace bond, it has to go through the police and crown attorney's office, unless you lay a private charge with a justice of the peace, which will still involve the police.

Is that any clearer? If you need further clarification please reply. I'm happy to go over it if I've been to quick in all of this.

Ulysses

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Category: Canada Law
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Accepts: 1897
Answered: 7/10/2012

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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