Refusing to enter a peace bond
Maximum
12 months
Up to 12 months in jail
Refusing or failing to enter a peace bond the court has ordered (s. 810(3.01))
Peace Bond Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
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Facing a peace bond? Tell us what happened.
Regulator
A peace bond is a court order under section 810 of the Criminal Code requiring you to keep the peace and follow conditions for up to 12 months. It is not a conviction and can resolve a charge. Breaching it is an offence. A peace bond lawyer can negotiate conditions.
You may have been served with papers saying someone fears you. Or the Crown may have offered to withdraw your charge if you sign a peace bond. Either way, you need to know what you are agreeing to before you sign.
A peace bond lawyer can explain what peace bonds in Canada mean for your record, your daily life and your future. At Aftermath Law, we review the allegations, negotiate the conditions and, where it makes sense, contest the application.
We answer our phone 24/7. Peace bond matters from Mississauga and Brampton are generally heard at the Brampton courthouse.
Facing a peace bond?
Penalties
Penalties and consequences
These are maximums, not predictions. The actual result depends on the facts and your history.
These are maximums set by law, not predictions.
Possible, depending on the charge
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Conditions. The court may add any reasonable conditions (s. 810(3.02)). Common ones include no contact with the person, staying away from their home or work, and not drinking alcohol.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
Because the order shows up on police databases while active, it may come up at a border.
U.S. border officers make their own decisions. We cannot promise how any foreign border will treat a peace bond, so get advice before you travel.
Immigration and employment. A peace bond is not a conviction, but some employers and agencies ask about court orders. If you are not a Canadian citizen, ask us before you agree to anything.
We assess this before any resolution. - Your firearmsPossibleRelease conditions and some sentences can ban you from owning weapons.
The court must also consider whether to ban weapons, firearms and ammunition (s. 810(3.1)). If it decides a ban is desirable for safety, it must add one. That can matter if you hunt, sport-shoot or need a firearm for work.
We challenge a ban that isn't needed. - Your recordA withdrawal, peace bond or discharge is not a conviction.
Is a peace bond a criminal record? No. A peace bond is not a conviction and is not a criminal record. However, the order appears on police databases while it is in force.
We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
7 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Peace bondsPeace bonds and background checksHow a peace bond shows up on different background checks.Peace bondsBreaching a peace bondWhat happens if you break a peace bond condition (s. 811).Peace bondsPeace bond vs conditional dischargeHow the two outcomes differ, including the effect on your record.
The law
The legal test for a peace bond
A section 810 peace bond is a court order, called a recognizance, to keep the peace and be of good behaviour.
Who can start it. Any person who fears on reasonable grounds that you will:
- cause personal injury to them, their intimate partner or their child;
- damage their property; or
- share an intimate image of them without consent (an offence under s. 162.1).
What the court must find. The person who laid the information must show they have reasonable grounds for their fear. You do not have to be charged with, or convicted of, any offence.
Length. A s. 810 peace bond can last up to 12 months (s. 810(3)).
Read section 810 peace bonds explained.
Two ways you may face a peace bond
1. An application against you. A person goes to a justice of the peace and swears an information. You are summoned to court. You can agree to the peace bond, negotiate its terms, or ask for a hearing.
2. A peace bond offered to resolve a criminal charge. In some cases, the Crown may offer to withdraw a charge if you agree to one.
This is common in lower-level cases such as some assault, threats or harassment charges. It is an offer, not a requirement, and you can decline it. In intimate partner cases, Ontario Crown policy limits this option.
See resolving a criminal charge with a peace bond and peace bond applications in Ontario.
THE COURT PROCESS
How a peace bond application moves through court
Start
Someone swears an information
A person tells a justice of the peace they fear you on reasonable grounds.
You are served
Summons to court
You receive papers with your first court date.
Before court
We review the allegations
We look at whether the fear is reasonable and what you need day to day.
Your choice
Agree, negotiate or contest
Terms can often be negotiated. If the application is not justified, we ask for a hearing.
Result
Order made or application ends
An order lasts up to 12 months. It is not a criminal record.
Your options
Possible outcomes
No conviction
These outcomes end the case without a criminal conviction.The application is withdrawn or dismissedThe proceeding ends without a conviction.
in some cases, the person stops pursuing it, or the court finds the fear is not reasonable.
You agree to a peace bondAgree to conditions under s. 810.
often with conditions negotiated in advance.
A charge withdrawn in exchange for a peace bondAgree to conditions under s. 810.
the criminal charge ends and no conviction is entered.
Depends on the case
These steps can lead to either result.A hearingThe court decides whether to order conditions.
the court hears evidence and decides whether to order a peace bond.
Trial on the chargeThe court hears evidence and decides guilt.
if you decline the offer, the criminal case continues.
No outcome can be promised. The right choice depends on the evidence and what matters most to you.
Your choice
Offered a peace bond to end your charge?
The Crown offers a peace bond
The charge would be withdrawn
We review the disclosure
and compare the offer with going to trial
Accept
with conditions you can follow
Decline
the case goes ahead
Charge withdrawn
no conviction
Trial
the Crown must prove guilt
Your defence
How we handle peace bond matters
Is there a legal basis for the fear? - Criminal Code s. 810
An ordinary section 810 application concerns a reasonably grounded fear of specified future harm, not simply whether the parties disagree. The provision covers personal injury, property damage and the specified intimate-image offence. We compare the alleged future risk with the dates, messages and events relied on.
What would be challenged at a hearing? - Criminal Code s. 810(3)
The court must be satisfied by the evidence that the person has reasonable grounds for the fear. We examine the allegations, supporting records and any evidence that changes their context. This helps identify what needs to be tested if the application is contested.
Are the proposed conditions workable? - Criminal Code ss. 810(3.02) and (3.2)
The court may impose reasonable conditions to secure good conduct, including specified contact and location restrictions. We examine the actual wording against work, shared parenting and ordinary routines. Any proposed exception must be reflected in the order rather than assumed from an informal agreement.
Does a weapons restriction need to be included? - Criminal Code s. 810(3.1)
For an ordinary section 810 order, the court must consider whether a weapons prohibition is desirable for safety and add it if it is. We review the alleged risk and any lawful work or sporting use without assuming that either factor decides the issue. We also check any required surrender of items and licences.
How long would it last, and can it change? - Criminal Code ss. 810(3) and (4.1)
An ordinary section 810 recognizance can last up to 12 months. The informant or defendant can apply to vary its conditions, but a change requires the court process. We confirm the provision used, start and end dates, and the terms that would need changing before you agree to an order.
What does compliance require? - Criminal Code s. 811
Entering a peace bond creates obligations even though the recognizance itself is not a conviction for the alleged conduct. A breach can lead to a separate criminal charge. We explain each proposed condition and check practical risks of accidental contact or prohibited attendance before a decision is made.
WHAT TO DO NOW
What to do if you are facing a peace bond
- Do not sign anything until you understand every condition.
- Do not contact the person who made the complaint, even to apologize.
- Write down the dates and details of every interaction while they are fresh.
- Keep any messages, emails or social media posts that relate to the complaint.
- Gather information about your work, family and travel needs, so conditions can fit your life.
- Speak with a lawyer before your first court date.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
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We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
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Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
What clients say
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Peace bonds at the Brampton courthouse
A peace bond can come up in Peel in two ways. The first is when the Crown offers one to resolve a criminal charge in Brampton. If the case involves a current or former partner, the Crown Attorney or a designate must approve it. A weapons ban must also be considered as a condition.
The second is a private application. To start one, a person contacts or goes to the courthouse at 7755 Hurontario Street. They fill out an application, and a justice of the peace reviews it. If there are enough grounds, the court issues a summons for the other person to come to court. The first court date is not always the hearing. Some courthouses also require mediation first, and court staff will explain the steps that apply. If the other person does not agree to a peace bond, a hearing is set where both sides give evidence. Our Brampton courthouse guide explains the courthouse.
Questions
Frequently asked questions
Does a peace bond give me a criminal record?
No. A peace bond is not a conviction and is not a criminal record. The order does appear on police databases while it is in force.
How long does a peace bond last?
A s. 810 peace bond can last up to 12 months.
Should I accept a peace bond to get my charge withdrawn?
It depends on the evidence, the conditions and your goals. For some people, it may be a practical way to end the case without a conviction. Get legal advice before you decide.
What happens if I break a peace bond?
Breaching a peace bond is a criminal offence under s. 811. It can be prosecuted by indictment, with a maximum of 4 years in jail, or by summary conviction. Unlike the peace bond itself, a conviction for breach would create a criminal record.
Can I travel to the United States with a peace bond?
There is no simple answer. The order appears on police databases while active, and U.S. officials make their own entry decisions. Speak with a lawyer before you travel.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Next steps
Talk to a lawyer today
Before you sign a peace bond or go to your first court date, call (647) 223-1980, any time. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.