Criminal Code Peace Bonds and the Family Law Act Protection Orders
Our highly rated family law and criminal law department of MacLean Family Law want you to be aware of big changes coming with the implementation of the Family Law Act on march 18, 2013.
B.C.’ s Family Law Act, which comes into force March 18, 2013, places renewed emphasis on the importance of preventing and sanctioning family violence, and invests broader power in family law courts to accomplish same. Our lawyers are familiar with this serious area of family law and how to obtain such orders and deal with false claims that such orders are necessary or that these orders have been breached.
Under the current Family Relations Act, family law courts are able to make restraining orders, but it is common for family members to also seek a peace bond under s. 810(1) of the Criminal Code which reads as follows:
Where injury or damage feared
810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.
A peace bond generally restricts the ability of a person to communicate with and/or to approach another person. A peace bond sought by one parent against the other parent in a family law context typically will include exceptions for the purpose of arranging access to the children.
A peace bond is not a criminal charge, but a breach of the conditions of a peace bond is.
Much in the same manner as a peace bond, restraining orders made under the new Family Law Act will be enforceable by police:
Enforcing orders respecting protection
188 (1) An order made under this Part may not be enforced
(a) by means of any order that may be made under this Act, or
(b) under the Offence Act.
(2) A police officer having reasonable and probable grounds to believe that a person has contravened a term of an order made under this Part may
(a) take action to enforce the order, whether or not there is proof that the order has been served on the person, and
(b) if necessary for the purpose of paragraph (a), use reasonable force.
With the family law courts’ impending increased ability to make orders to protect family members, it seems likely that peace bonds under the Criminal Code will be less heavily relied upon when the Family Law Act comes into force. Speak to a lawyer at MacLean Law today by calling us toll free at 1 877 602 9900 or request a consultation if you or your family member is in fear of another relative and need to obtain a family law or criminal law restraining order, or both.
