Debbie's Case — Assault & Choking (domestic) — Peace bond

Client:  Debbie K., Complainant
Accused:  Sam, Debbie's boyfriend
Charges:  Assault and Choking

Background:  Sam was drinking, got out of control, and attacked Debbie. The police attended, and arrested Sam. That was over a year ago. Sam's trial was just around the corner but the police hadn't served Debbie with a subpoena. Debbie knew she didn't have to attend Court but got scared because the police had left a "nasty" letter. They threatened that "you could be arrested if you don't respond." She was unsure what to do. She was unsure about the relationship, but she definitely wanted to avoid going to Court if possible.

Goals:  Debbie wanted to know about her rights, risks, and obligations. She didn't want Sam to get a criminal record, nor did she want to attend Court.

Strategy:  Debbie was obligated neither to attend Court nor to contact the police. She could not, however, obstruct justice. Also, If the Crown established that she was evading service, the Judge could issue a warrant for her arrest. That was a showdown I wanted to avoid. I contacted the Crown and Sam's lawyer to let them know that Debbie would be happy if Sam was offered a 12-month peace bond agreeing not to contact Debbie except with her written, revocable consent. That result would empower Debbie, and would eliminate the need for her to attend Court.

Results:  Through pre-trial negotiations, the Crown agreed to withdraw Sam's charges if he agreed to an Order under section 810 of the Criminal Code for a Recognizance to keep the peace (often referred to as a "peace bond"). Sam agreed. Debbie did not have to go to Court, and Sam avoided a criminal record. Debbie was also pleased to gain a measure of control over whether Sam could contact or visit her.

READ DEBBIE'S TESTIMONIAL