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-   -   Peace Bond (https://www.ottawadivorce.com/forum/showthread.php?t=8568)

logicalvelocity 02-17-2011 07:47 PM

Seems to me the peace bond binds both parties. Your could also be charged with obstruction of justice if you breach the peace bond. Looks like they have yet to be convicted of the charges and the peace bond is in place to foster the children's relationship with their father. Have you considered a third party liaison for access drop offs pickups?

walshch 02-17-2011 08:44 PM

E-Gal..Was the Peace Bond issued at a trial where the charges were withdrawn? This is normally how a Peace Bond is issued. If your ex is still under charges, he would have been released on an Undertaking or Recognizance. Logicalvelocity is incorrect when saying the Peace Bond binds both parties. It does NOT, and you would not be charged with obstruction. It diminishes the effectiveness of the Peace Bond if you are communicating with the ex and don't report his actions. Your credibility would be brought into question as to why you didn't report it.

logicalvelocity 02-17-2011 08:53 PM

Quote:

Originally Posted by walshch (Post 60104)
E-Gal..Was the Peace Bond issued at a trial where the charges were withdrawn? This is normally how a Peace Bond is issued. If your ex is still under charges, he would have been released on an Undertaking or Recognizance. Logicalvelocity is incorrect when saying the Peace Bond binds both parties. It does NOT, and you would not be charged with obstruction. It diminishes the effectiveness of the Peace Bond if you are communicating with the ex and don't report his actions. Your credibility would be brought into question as to why you didn't report it.

Just on speculation of no direct or indirect contact of peace bond term ...

What if Mr Dad was at local Mcdonalds with kids during their access and mom walks in to the Mcdonalds only to provoke or even by chance? I think your incorrect. I'm thinking the mom effectively could breach the peace bond and yeah they could be charged with obstruction if Dad wanted to push it.

walshch 02-17-2011 09:15 PM

The mom is not bound by the Peace Bond on dad. And any unintentional contact is not a Breach, if we use your example of an unintentional meeting at McDonalds. It would only become a Breach if dad intentionally made contact with mom in your McDonalds example. It's called 'Mens Rea',and is necessary in ALL Criminal Code charges, which Breaching a Peace Bond is. I suggest you check out Section 810 & 811 of the Criminal Code. It explains 'Surities to Keep The Peace' which is the correct term. Peace Bond is the slang for it. I stand by my post to E-Gal.

logicalvelocity 02-17-2011 09:22 PM

Just a guess but I don't think it's a peace bond but rather recognizance considering the criminal charges and they are not incarcerated nor convicted. That being so, they could be charged with obstruction if they breached Dad's recognizance terms as they are aware of such terms. Been there and bought the T-shirt my friend.:D

walshch 02-17-2011 09:59 PM

I still beg to differ. It doesn't matter what form of release dad is on, wether it be an Officer Undertaking, J.P. Recognizance, J.P. Undertaking, or on a Peace Bond, mom is not bound by dad's conditions. Possibly she could be charged with Criminal Harassment, if she initiates contact/communication. P.S. - Been there and have the same T-shirt, after 31 years experience in our Legal System. My FPS is tattoo'd on my as* because it was sh*t anyway. I guess we can agree to disagree ? Take care.

logicalvelocity 02-17-2011 10:05 PM

LOL 31 years, what the heck are you doing in an internet forum ambulance chasing or just harassing. Surely, a Judge will be impressed with your conduct my friend :D

walshch 02-17-2011 10:26 PM

A little defensive are we? I try to get there before the ambulance, so I can harass their patients.

logicalvelocity 02-17-2011 10:43 PM

Nope not at all. But I think its against your rules of your professional conduct and the law if it is me who you may be harassing. Time will tell I guess. Have a nice day :D

walshch 02-17-2011 10:52 PM

Maybe we should have a poll to see if anywhere in any of my posts are deemed to be harassment? Disagreement is a far cry from harassment.


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