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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2016
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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Someone wants me to sign a peace bond, do I need a

Customer Question

Someone wants me to sign a peace bond, do I need a professional lawyer?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening, I would be happy to assist you.

If someone has made an application with the Court to have you enter into a Peace Bond under section 810 of the Criminal Code and you have received court documents, then it is always advisable to seek legal representation if you are able.

Agreeing to this would place you on a Recognizance for a period of time, usually 12 months. This would show up on police checks and is an admission that the other person has a reason to fear for their safety as a result of you. Further, if this person then were to make a false report to the police that you contacted them thereafter, you would end up being arrested and charged with a criminal offence.

So this is a serious situation and you most certainly seek legal representation if possible and should not volunteer to enter into a Peace Bond.

Please let me know if you require anything further.


Customer: replied 1 year ago.
Does that mean the court has believed everything the other party said? Because they are making up on some of the details and I don't think I am legally guilty for some of the things that I've done. I am definitely not going to sign the peace bond, since they obviously are setting me up as they knew I am about to apply for permanent residency and this is going to affect my application.
Customer: replied 1 year ago.
Do I need a lawyer to go to court with me on the hearing trail?
Expert:  Copperlaw replied 1 year ago.

Again, if you can hire a lawyer, it is always a better idea than dealing with it yourself, but many people do appear without lawyers for these things.

It does not mean the Court believes them, it just means they've applied for the Peace Bond but there would still need to be a hearing to determine if there is actually a legitimate fear sufficient enough to cause the Court to order you to enter into a Peace Bond as this is a limitation on your liberties and the Court does not take it lightly. If you don't defend it, the Court will simply then grant it and force you to enter into it or if you don't attend, they could issue a warrant for you.

It's not about guilt or innocence, as it's not a criminal charge, it is merely a process by which a person can have the Court put restrictions on you, but they need to provide evidence or testimony to satisfy the Court that there are legitimate concerns for the complainant, not that you've actually broken any law.

If you have an immigration application in process, I would definitely have a lawyer represent you on this.


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