What Is a Section 810 Peace Bond?

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A section 810 peace bond is a promise not to disturb public order. It is done in writing and signed before a judge. It gets its name from section 810 of the Criminal Code.

Protection for a person who has reasonable fears

A judge can order a section 810 peace bond if a person is afraid of someone else, even if no crime has been committed. The person asking for the peace bond must show they’re afraid the other person will

A section 810 peace bond can be ordered for a maximum of 12 months. However, a person who still has reason to be afraid can apply for a new one.

Important! A judge who orders a section 810 peace bond recognizes that the person making the complaint has reason to be afraid. However, the person who signs the peace bond is not being found guilty of a crime and won’t have a criminal record.

Conditions to follow

A person who signs a section 810 peace bond promises not to disturb public order and promises to be on good behaviour. A judge can set additional conditions depending on the specific situation. For example, the person might not be allowed to

  • communicate with certain people,
  • go to specific places, or
  • drink alcohol.

The police can become involved if the person breaks the conditions, because violating the conditions of a section 810 peace bond is a crime.

How to ask for a section 810 peace bond

To request this protection, a person must go to the courthouse in their region. They must complete certain documents and explain the situation in writing. Then they will then be called to a hearing before a judge. They must usually testify about the situation and show they’re genuinely afraid of the other person.

Instead of criminal charges

Sometimes, a person facing criminal charges reaches an agreement with the prosecutor, who then replaces the criminal charges with a section 810 peace bond. In this situation, the accused is acquitted of the charges (found not guilty). But the accused must still admit before a judge that the person who filed the police report had good reason to be afraid.