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To whom it may concern. I just want to know more about peace…

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To whom it may concern. I...
To whom it may concern.

I just want to know more about peace bond, how much is the success rates, and whether my situation is suitable for a peace bond case. I had an intimate relationship before, and the breakups were being dealt in an upset situation where my health was constantly at risk because of mental and psychological abuse. I have seen psychiatrists and been on medication because of this. Also, recently there was an incident where my ex-boyfriend and his brother were in the same public place as I was. His brother approached me and my friend and made rude comments and very aggressively wanted to provoke our emotions, especially mine. I have history of panic attacks and depression, and my ex-boyfriend and his family, friends know of my condition. I proceeded to call my ex-boyfriend after the scene to let him know of what his brother said and how he acted toward me and my other friends. I mentioned how this could be life threatening to someone (he knows what provokes me and my health) and rudely said "This is my town, I make a phone call, you don't know what's gonna happen. I don't care who your friends are, what race, whatever, you don't mess with my people" (somewhere along the lines like that, not word for word) and to me that's a threat. I understand there was no physical assault, and Canada's freedom of speech is bigger than anything else. I live in the same community as my ex-boyfriend, and his family. He is local and I feel as if he has the power to do anything to me if he wants to. I do now appreciate his verbal assaults to trigger my panic attacks, and depression and other things. Does that count as life threatening even if he never directly said what he may do to me? What should I do at this point?

Karen
Submitted: 8 years ago.Category: Canada Law
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Answered in 15 hours by:
6/18/2010
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
Experience: 25 years in practice
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What is your concern about a Peace Bond?
Have the Crown lawyers or Police contacted you since?
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Customer reply replied 8 years ago
My concern is that I am not sure if this is a good idea for my situation. And the cop did say most likely I'm going to get the peace bond through successfully, and the judge usually grant peace bond to people who want to restrain their intimate partners. I have only contacted a cop for this situation. But not lawyers, we do not need lawyers for peace bond right? I am just wondering if it is worth the time and energy to go through the peace bond. I am just worried that I may not want to go through the emotions while I have to be present at court with the two people I'm planning on having the peace bond.
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
If the police recommend a peace bond they do so to Crown lawyers just as if they were recommending a criminal charge. A peace bond is under the criminal code but merely restricts the behavior of the individual involved for a period of time. If they do not violate the conditions of the bond then they receive no criminal conviction after it expires.

However, the process is still the same as a criminal charge in that the police only recommend to Crown lawyers that a bond be placed. The Crown still has to look at the issue from an evidence and public policy standpoint as to whether the bond should proceed. That is why I asked if they had contacted you. If they agree to a peace bond then the other person is summoned to court.

The person who is the subject of the bond deals with it in a very similar manner as a criminal charge. If he agrees that you have a reasonable fear of him, then he may voluntarily accept a peace bond. That would mean you would not have to go to court at all. But, he must tell a judge that he agrees you have a fear and that it is reasonable.

If he will not agree, then it goes to a hearing as if he had pled not guilty to a charge. If that is the case, and the Crown still wants to proceed, then you would have to go to court and testify. If the court felt you had a fear then the peace bond would be imposed. Peace Bonds are often for a year long period but can be shorter or longer depending upon the facts.

I assume the police are waiting to hear from you before they take the matter to the Crown. Now that you have some idea of the process, you will have to decide if you want to ask them to proceed. If they do proceed, it is important that you understand the matter is then at the discretion of the Crown. They decide if there is enough to continue on and if they do, it is only up to them to stop the process. You can ask that the process be halted but it is the Crown's decision. I am thinking the police want you to weigh the stress versus the potential result before they try the Crown lawyers.

Tom

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Customer reply replied 8 years ago
I am not too sure whether the police officer is going to take the matter to the crown. Simply because he came to my house to discuss this matter with me and the other gentleman, whom was being picked on by my ex's brother as well. It is just that I am concerned about my own health issues, I have history of panic attacks and was in major depression before because of the breakup and the community's pressure on myself. Which mean my ex is a quite popular gentleman in town and in our school. He is local and knows a lot of people. I understand there is freedom of speech, but if they were to directly humiliate or abuse me in public and provoke things. Either I keep staying strong and take it in or I blow up. In this case, would the judge consider my medical records as to my depression, medication, panic attacks, and PTSD, etc? Would that be a helpful thing in court? The cop said this is highly going to work for me just because it deals with intimate relationships and there is a higher risk of threat.

I was afraid that if I try to apply the peace bond, and that while waiting for court day, the two of them will be informed and while waiting, they may provoke more things happening and create more scenes while the peace bond is being accepted. Of course if the peace bond is going to work, that would be great because I wouldn't have to fear risking my life/ health. Also, does mental or health issues count in Canadian law? What I mean by that is I know in Canada, it is a very relaxed system. Does it have to be physical threat or assault in order for them to really open their eyes and consider things?
Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Sorry for the delay. For some reason the system did not alert me that you had responded.

The test is really whether they are acting in a manner that can reasonably cause fear. If the recipient of the abuse is ill and they know that, they should leave the person alone or ignore them or otherwise avoid contact. Otherwise, they risk a harassment charge. Safety has a broad definition so you do not actually have to be concerned with physical contact. No one has to put up with unwanted dealings that make you feel unsafe.
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