2. Find out about conditions of release

What if I have family court and criminal court issues happening at the same time?
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2. Find out about conditions of release

The police and criminal court can release someone charged with a crime in different ways. Each type of release has its own name.

For example, the police might release your partner on an "undertaking with conditions". This agreement is usually made at a police station. It means your partner:

  • promised in writing to appear in court on a future date
  • got conditions they have to follow.

If the police have concerns about releasing your partner, they must take your partner to court for a bail hearing. The judge or justice of the peace decides whether to release your partner, or to keep them in custody until the trial. If they are released, they usually have to follow bail conditions. Bail conditions are also called terms of release. These are the rules your partner must follow after being released.

The conditions set by the police or the court, are very important. There are many different kinds of conditions. Common conditions in partner abuse cases include that the partner charged with a crime:

  • must show up to court on the date ordered
  • cannot contact the other partner
  • cannot go within a certain distance of the other partner's home or workplace
  • cannot have a gun or any kind of weapon
  • has limited or no access to their children

The police and the courts take conditions seriously. If your partner does not follow them, they can be arrested, charged with a new crime, and face a bail hearing. After the new hearing, they might be released on stricter conditions.

Sometimes bail conditions can say something different from existing access or restraining orders in family court. You might need to get a court order changed so that it is clear what you and your partner are allowed to do.

You May Also Need

Ontario Women's Justice Network (This resource is written for women in abusive relationships but might help anyone in an abusive relationship.)
Legal Aid Ontario, LawFacts
Reviewed: July 31, 2017

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