Under Section 810 of the Criminal Code of Canada, you can obtain a Peace Bond in Brampton if you have reasonable grounds to fear that someone will cause personal injury to you, your family, or damage your property. Applying for a peace bond at the Ontario Court of Justice is free, and it legally requires the person to keep the peace and be of good behaviour for up to 12 months.
Feeling unsafe in your own community is a terrifying experience. Whether you are dealing with a harassing neighbour in a Brampton subdivision or a former partner who will not leave you alone, Canadian law provides mechanisms to protect you. A Section 810 Peace Bond is a powerful court order designed to prevent future harm. 👮
It is important to understand that a peace bond is not a criminal conviction. It is a preventative order issued by a judge or Justice of the Peace. However, if the defendant breaches the conditions of the peace bond, they can be immediately arrested and charged with a serious criminal offence. Let us walk through the exact legal requirements and the step-by-step process of securing a peace bond in Brampton.
Step-by-Step Process in Brampton, Ontario
The process of getting a peace bond generally involves either the police laying the information on your behalf or you applying privately at the courthouse. The A. Grenville and William Davis Courthouse on Hurontario Street handles these applications for the Peel Region. 📍
Step 1: Contact Peel Regional Police
Your first step should always be to contact the Peel Regional Police. If you are in immediate danger, call 911. For ongoing, non-emergency harassment or threats, you can visit a local police division. If the police determine there is enough evidence of a threat, but perhaps not enough for a formal criminal charge, the police officer can apply for a peace bond on your behalf.
Step 2: Lay an Information Privately
If the police decline to intervene, you have the right to apply privately. You must visit the Ontario Court of Justice counter at the Brampton courthouse and request an appointment with a Justice of the Peace. You will swear an “Information” under oath, explaining why you have a reasonable fear of injury or property damage. You must provide specific details, dates, and evidence (like text messages or emails). 📝
Step 3: The Summons and First Appearance
If the Justice of the Peace agrees that your fear is reasonable, they will issue a summons ordering the defendant to appear in court. At the first court date, the defendant will be asked if they agree to sign the peace bond. If they consent, the bond is signed, and the conditions go into effect immediately.
Step 4: The Peace Bond Hearing
If the defendant refuses to sign the peace bond, a formal hearing will be scheduled. During this hearing, you will have to testify and present your evidence, and the defendant’s criminal defence lawyer will have the chance to cross-examine you. The judge will then decide whether the Section 810 requirements are met. If so, they will force the defendant to enter into the peace bond.
How Much Does it Cost in Brampton?
Seeking protection from the courts is designed to be financially accessible for everyone in Ontario. 💵
- Court Filing Fees: There are zero government fees to apply for a peace bond. Swearing an Information before a Justice of the Peace is a free public service.
- Police Assistance: If Peel Regional Police handle the application, there is no cost to you.
- Lawyer Fees: If you choose to hire a criminal defence lawyer to represent you at the peace bond hearing, legal fees typically range from $1,500 to $3,500 CAD depending on the complexity of the case and the length of the hearing.
How Long Does the Process Take?
Timelines can vary significantly based on court backlogs at the Brampton courthouse.
If the defendant agrees to sign the peace bond at the first appearance, the process can be resolved in about 4 to 6 weeks. However, if they contest the order and a formal hearing is required, it can take 3 to 6 months to get a trial date. Once signed, the peace bond remains active for a maximum of 12 months.
Frequently Asked Questions (FAQ)
What conditions can be attached to a peace bond?
Common conditions include a mandatory requirement to keep the peace and be of good behaviour, a strict “no contact” order prohibiting communication with you, a restriction from coming within a certain distance of your home or workplace, and often a ban on possessing firearms or weapons.
Does a peace bond give the defendant a criminal record?
No. Signing a peace bond does not mean the person is pleading guilty to a criminal offence, and it does not result in a permanent criminal record. However, the peace bond will appear on local police databases (CPIC) for the duration of the 12-month order.
What happens if they violate the peace bond?
Breaching any condition of a peace bond is a severe criminal offence under the Criminal Code. If they contact you or come near you, you should call the police immediately. The offender can face arrest, denied bail, and up to four years in prison if prosecuted as an indictable offence.
What is the difference between a peace bond and a restraining order?
A Section 810 Peace Bond is issued under the federal Criminal Code and applies to anyone (neighbours, strangers, co-workers). A Restraining Order is a family law order issued in Family Court, specifically meant to protect individuals from former spouses, domestic partners, or parents of their children.
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