Should I sign a peace bond?
Question & AnswerShould I sign a peace bond?
3. Go to your peace bond hearing
At your court date, the justice of the peace asks if you agree to the peace bond. If you do, the court prepares the peace bond, and you sign it in the courtroom. Once you sign the , it is active and you must follow its terms.
Hearing the applicant’s side
If you don’t agree, there will be a peace bond . The hearing may happen on the same day or on another day.
The person asking for the peace bond tells the court why they’re afraid of you. The may have hired a lawyer to go to court with them, or a Crown may be helping them.
The applicant must show the court that it is more likely than not, there is a risk that you will harm them, their family, their property, or distribute intimate images or video of them without their permission. This standard of proof is called a .
Anyone who has direct knowledge of your relationship with the applicant may be called to give in court.
There must be a current risk that you will harm the applicant, their family, their property, or distribute intimate images or video of them. It can’t be something that happened in the past and is now over.
Telling your side
You have a chance to tell the court why the applicant’s fear is unreasonable. You can hire a lawyer to help you, but you don’t have to.
You can bring your own witnesses to give evidence about why you should not have to enter into the peace bond. If you can, gather evidence that goes against what the applicant says in their application.
For example, you may bring to court:
- text messages, phone logs, and emails
The court decides if the applicant’s fear is reasonable, and if there is enough evidence to order you into a peace bond.
The court’s decision
A peace bond hearing usually takes a couple hours. But more complicated hearings can last a few days.
At the end of the hearing, the justice of the peace or judge:
- dismisses the application if they think the applicant’s fear is unreasonable
- orders you to enter into the peace bond if they think the applicant’s fear is reasonable
If you refuse to sign a peace bond that has been ordered, you can be sent to jail for up to 1 year.