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  • Question about peace bonds

    Specifically this is about criminal code peace bonds, not family law restraining orders. A friend of mine is being stalked at work. The stalker does not know her home address.

    She is concerned that if she takes out a peace bond she will have to reveal her home address to the stalker, which may end up putting her in more risk than before.

    Does anyone have experience with this? Is it possible to take out the peace bond and just specify no contact? Specify to stay away from the work address and not disclose the home address? Or must she disclose the home address? May the home address be redacted from the court papers?

  • #2
    Your address would definitely be kept private. Friend can arrange the whole thing at the court house.

    If your friend needs help the police are pretty knowledgeable and usually have information in their squad cars on who to call for assistance. Peace bonds can take longer than EPO's (emergency protection orders). Best to get the goods directly from the police.

    Good luck to your friend. Police can put her in touch with lots of resources who can give her good advice. They are very, very careful about revealing personal information.

    Comment


    • #3
      Mess I thought I should add this for a bit of information:

      Your friend might be given a bit of a hard time from either the police or the Crown Prosecutor's office. It's not like they won't want to help her its just that they see many cases that don't measure up to the prosecution standards (ie he said she said domestic disputes). Therefore it is pretty important that your friend has documented information as well as written police reports (or police file numbers). I would recommend that she prepare her statement ahead of time and re-read it thoroughly then take it with her to the police station. Any inconsistencies and the case is immediately dismissed. If she hasn't reported the matter yet to the police it is very, very important that she does that asap. When she goes to the police she might be put through a bit of a stressful interrogation. Because the police deal with a lot of psychos, they have to question her thoroughly. I don't know how it is done in Ontario but here you can call the police and they will send a few cops out to talk to you and take down all the information. Police are like medics - they triage so she shouldn't expect someone to come immediately.

      Peace Bonds deal with a person's liberty so they are taken very, very seriously. Many times the judge will just issue a warning. As you are aware, there are many lawyers who make a living out of pretty much hanging around the court house bailing out offenders. We all hear horror stories about people being unjustly accused of things in divorce court. Cops and criminal lawyers don't like each other.

      Police here are put through special training to deal with stalkers. I know in Ontario you have a different police force (Ontario, Toronto and RCMP) so I really can't help you much more. The information I have given you is how the process is generally handled here in Alberta.

      Comment


      • #4
        i wonder if the stalker already knows where she lives?? Has she notified her work about what is going on? Maybe all it will take is a warning from the police and the stalker will stop.

        Comment


        • #5
          Originally posted by Mess View Post
          Specifically this is about criminal code peace bonds, not family law restraining orders. A friend of mine is being stalked at work. The stalker does not know her home address.
          The first place to start with workplace issues is the human resources department depending on the size of the company. A complaint to the employer should be the first thing done by the person in question regarding the harassment that is occurring in the workplace environment.

          Comment


          • #6
            Originally posted by Tayken View Post
            The first place to start with workplace issues is the human resources department depending on the size of the company. A complaint to the employer should be the first thing done by the person in question regarding the harassment that is occurring in the workplace environment.
            plus there is that new bill in ontario, I think its something like 168 that deals with workplace harrassment and puts more onus on the employer to take more measures to protect the person being harrassed. We had a meeting about this at work last year and it basically has more teeth the the old legislation.

            Comment


            • #7
              She works in a hospital in the psych dept. This is a patient that has become obsessed. Hospital security is involved and has removed the person daily, there have been constant phone calls which have been documented. The person is convinced that my friend (actually my ex but this has nothing to do with that) is being brainwashed and wants to take her away out of town.

              While my ex is getting support from hospital security she has received no advice on the matter from legal or HR. The police have been involved, but are not a reliable source of legal information. In this case, the police said "If you get a peace bond they will know your home address." To me and my ex this seemed strange but there is no clear information on the internet about this.

              Comment


              • #8
                Originally posted by Mess View Post
                She works in a hospital in the psych dept. This is a patient that has become obsessed. Hospital security is involved and has removed the person daily, there have been constant phone calls which have been documented. The person is convinced that my friend (actually my ex but this has nothing to do with that) is being brainwashed and wants to take her away out of town.

                While my ex is getting support from hospital security she has received no advice on the matter from legal or HR. The police have been involved, but are not a reliable source of legal information. In this case, the police said "If you get a peace bond they will know your home address." To me and my ex this seemed strange but there is no clear information on the internet about this.
                Depending if the person in question has a union the union can step in on behalf of the person in question. Delusional patients can be extremely challenging to deal with. Those who exhibit somatic/factitious disorders and continually show up at the hospital can become incredibly troublesome.

                Depending on the issue and the mental health issues exhibited by the predator in question a Form 2 may be in order. Depending on the treatment setting the clinical staff may have an option to transfer the predator (patient) in question to CAMH on a Form 1.

                The challenge with the conduct described is that there is an underlying health condition (mental). The person in question works in the care setting and the continued attention from the predator in question is contained within a care setting. A Form 1 (clinical driven) or Form 2 may be in order and the staff at the hospital in question should be investigating these options potentially.

                Good Luck!
                Tayken

                Comment


                • #9
                  She should tell her employer that the matter has to stop immediately and that she feels unsafe working until there is a peace bond/protection order in place. Then take a leave (with pay) until the protection order is in place. Employer has an obligation to protect its employees. This is a matter that stems from her employment. Without the backing of the employer she might have a difficult time unfortunately.

                  If it were me I'd go down and have a candid discussion with Crown Prosecutor.

                  Comment


                  • #10
                    Just in case you haven't come across this already:

                    http://www.crcvc.ca/docs/peacebonds.pdf

                    Comment


                    • #11
                      ^ respectfully, that form has been kicking around for over 6 years and while it provides some information it is not current; best to get info from police staff sergeant or crown prosecutor on best way to proceed.

                      Still think the employer has an obligation to provide assistance to employee in this matter.

                      Comment


                      • #12
                        She should speak with her employer right away.Last year there was new legislation brought into the workplace, governing this type of harassment.The employer is obliged to do something about it ,as they are legally responsible for their employees safety while they are on the premises. Put all concerns in writing use both email and signed for letter.Follow ALL HR proticol in her concerns.The hospital would be financially responsible should anything happen and if they see how careful she is being in her claims and reporting -that will make them take it more seriously.Document EVERYTHING.

                        Comment


                        • #13
                          here is the legislation
                          Workplace Violence Bill 168 (Section 32) | Workplace Harassment Ontario Employers

                          Comment

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