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

E-Gal 02-16-2011 10:37 PM

Peace Bond
 
My ex-spouse was arrested for criminal harassment, uttering a death threat and physical assault and the result was that he got a "peace bond" for 1 year which ends in May 25, 2011.

He has still been very hostile towards me, shouting at me, telling me where I should stand on my property when he drops off our child - yes literally "stay there and don't move from your door" kind of thing...etc..

My question is - once the peace bond is over.....I'm afraid. Is there any way I can ask for another peace bond or something so that he has to leave me alone and only communicate with me through email pertaining to access to our child or I'm out of luck and will have to deal with him.

I believe very strongly that because he is trying to "restrain" himself now (and doing a poor job at that) because of the peace bond, that will all disappear when he knows it's "expired" (if that's the word to use).

what can I do. I worry for my safety.

Thanks.

brad yo 02-17-2011 01:21 AM

yo 3 charges and your worried about a peace bond? thats whacked!

Deut7 02-17-2011 09:56 AM

I had the same problem with my ex and my 9 year old. I chose to move within the county I lived in and he has no idea of my address. Now as long as he has a phone number then you can make arrangements for him to pick the child up a different location. Places such as a Police Station, Fire Hall, Womens Shelter. Their are also places that facilitate the change over of the access. You need to call your local womens shelter as this guy is obviously very Abusive, and seek informatioin through them.
My son has refused to see his father as he has seen the abuse and my son reported the abuse to his school and to the CAS when the came. So no one has an issue with my son saying NO to his DAD until he fixes his meaness problems. I have demanded my ex get psyc help as he has some anger issues. They are not your problem nor mine. He needs help and in all fairness, Protect your son first, access later. Call the Womens shelter and seek advise through them. They can be a wealth of information and help when dealiing with an Abusive spouse.
It seems when you leave them for being abusive they want to lie about it. So take it to the Womens shelter as they are still the best to help you. Been their done that and it works well. They will help you. I wish you the Very best of luck but remember Protect your child. His Father does NOT have the right to Abuse YOU or your son.

dadtotheend 02-17-2011 02:03 PM

Quote:

Originally Posted by Deut7 (Post 59998)
I have demanded my ex get psyc help as he has some anger issues.

Well now that we're authorized to demand psyc help, I demand you get some.

kelly 02-17-2011 02:06 PM

Ummm,why does this guy have any custody rights?

Deut7 02-17-2011 04:05 PM

Dad to the end
it's obvious why you are single.

I just can not understand why anyone in there right mind would listen to you. I see why your wife and kids are gone.

today 02-17-2011 04:57 PM

so let's see.....it's ok for you to determine who needs psyc help, however when put back on you it is unacceptable, your advice is extremely hostile and ridiculous, so take that and run to your nearest shelter.

dadtotheend 02-17-2011 04:59 PM

Time for another poll.

momof6 02-17-2011 07:20 PM

abuse
 
This is a tough one. No person should be subjected to abuse. Putting the child in the middle, though, is one form of abuse. I agree that children should be empowered enough to have a say and express their fears, but get the feeling that the child in this scenario may be being strongly influenced by mom's fear or perhaps a need to control. Dad has the right to access, apparently. Teaching children to deceive, to be dropped off at a police station, etc is eventually going to cause more problems, even if you don't mean it too. There is an old saying: there are three sides to every story, his, hers and the truth. Often resolving a difficult situation for the children's benefit involves both mom and dad changing patterns. By the way, I am a psych nurse who has been through similar events and life experiences.

walshch 02-17-2011 07:31 PM

My ex-spouse was arrested for criminal harassment, uttering a death threat and physical assault and the result was that he got a "peace bond" for 1 year which ends in May 25, 2011.
He has still been very hostile towards me, shouting at me, telling me where I should stand on my property when he drops off our child - yes literally "stay there and don't move from your door" kind of thing...etc.

If your Peace Bond is still in effect until May 25/11, how is it he is still having any contact with you? Getting another one will do you just about as much good as this one. Why not call the police and have him charged with Breach?

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.

logicalvelocity 02-17-2011 11:08 PM

No but stalking on the net is a crime and violation of your rules of conduct as you can see I have been a member here since inception, 2005, and you, a little more recent and with your client appear to have a hidden agenda against me. Time will tell I guess. Surely all will be impressed. :D

blinkandimgone 02-17-2011 11:24 PM

I find this whole thread very confusing. Is there a reader's digest version available?

logicalvelocity 02-17-2011 11:33 PM

lol, not that I am aware of but maybe catch it in the daily news someday.

walshch 02-17-2011 11:38 PM

No hidden agenda here at all against you. I have no idea who you are. You make an awful lot of assumptions about me, and qualify it by saying how long you've been on this site ? What "Rules of Conduct" might I be under ??? I'm at a loss in understanding who I might be "stalking on the net" as giving the correct advice to a fellow poster, which happens to be in disagreement with your opinion can hardly be seen as "stalking on the net" as you put it. Time will tell I guess. Surely all will be impressed with you, Mr Moderator.

blinkandimgone 02-17-2011 11:40 PM

What is 'FPS'?

walshch 02-17-2011 11:42 PM

It's a number your given when you get fingerprinted. Finger Print System

blinkandimgone 02-17-2011 11:45 PM

Well now that sounds a little silly to have tattooed on your butt. I'll bet that gets some interesting questions.

logicalvelocity 02-17-2011 11:47 PM

Good you have a story and looks like your sticking to it. I have mine. Time will tell. Now please, I'm going to tell you one last time to leave me alone. Thank you.

walshch 02-17-2011 11:47 PM

That was a joke !!! It was a reference to the charge being a bunch of BS.

blinkandimgone 02-18-2011 12:07 AM

Quote:

Originally Posted by walshch (Post 60127)
That was a joke !!! It was a reference to the charge being a bunch of BS.

If that was for me, I assumed it was a joke, My funny must be broken tonight. :(

If that wasn't for me then, um... carry on!

walshch 02-18-2011 12:26 AM

Yes Blink, that reply was for you. I'm glad you realized it was a joke. Me and the moderator were having a little battle of wits there, in between the other posts.

logicalvelocity 02-18-2011 04:54 AM

and blink is? I trust and remain.


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