Legal Ease, May 12

If someone is harassing you it is possible, in some circumstances, to get what is known as a peace bond.

That is a court order requiring that person to leave you alone and — usually — stay a specified distance away from you.

The peace bond also requires more generally that the person bound by it keeps the peace and doesn’t break the law.

You can get a peace bond if you are afraid that another person will harm you, your partner (spouse or your common-law,) your child, or damage your property.

The other person could be anyone — a neighbour, an acquaintance or a family member.

The peace bond is an order from the court, or an agreement that a person makes with the court, “to keep the peace and be of good behaviour.”

Peace bonds are not given out without good reason — basically you have to have a genuine fear of physical harm.

The process involves you going before a Justice of the Peace and telling them, under oath, what has been happening. If the JP concludes you have a genuine fear the JP will set a date for a hearing.

The person who has been harassing you will get a chance to speak to a JP and explain why a peace bond is not appropriate.

Often they will claim you have been harassing them and a peace bond should be granted against you!

If the JP concludes a peace bond is appropriate, they will issue one.

Having a peace bond ordered against you does not mean you have a criminal record — but breaching a peace bond is a criminal offence and can lead to criminal charges.

If someone obtains a peace bond against you, it is very important you abide by all its terms.

James Morton is a lawyer practicing in Nunavut with offices in Iqaluit. The comments here are intended as general legal information and not as specific legal advice.