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My bail conditions include a no contact order. What should I do if the complainant keeps contacting me?

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My bail conditions include a no contact order. What should I do if the complainant keeps contacting me?
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Nishnawbe-Aski Legal Services Corporation
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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My bail conditions include a no contact order. What should I do if the complainant keeps contacting me?
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Reviewed: 
July 1, 2018
Answer

It's important that you understand the conditions you're being asked to follow. You must follow every condition of your bail

The complainant is the person who claimed to have been the victim of a crime committed by you. The complainant is not required to follow the conditions of your bail. That is your responsibility.

If the complainant is contacting you and you have a no contact or communication order you must ignore all communication by the complainant. Otherwise you will put yourself at risk of breaching your bail conditions.

What a no contact order means

One of your bail conditions may be a no contact order. You’re not allowed to contact the person named in the order. This includes both direct and indirect communication.

A no contact condition usually says: “Do not communicate directly or indirectly with the following people…”

Do not communicate with people you’re not allowed to contact! Even if the complainant tries to contact you, do not communicate with that person. Ignore all phone calls, texts, direct messages, etc.

If you talk to, communicate, or contact any person(s) named in a no contact order, you can be arrested and charged with failing to comply with your recognizance. It will also by more difficult to get bail.

Failing to comply with recognizance of bail

Not following the conditions of your bail is a serious offence called “failure to comply with recognizance”. If you do not follow the conditions of your recognizance:

  • it may be more difficult for you to get bail in the future
  • if you’re charged with another criminal offence in the future, the Crown will be less likely to release you on bail; they will probably ask that you be detained instead.
  • it will be less likely that you'll be allowed to use the bail program.

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