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Child Abuse Charges - Favourable Resolution

I recently represented a father charged with several criminal charges of child abuse against his children. The children included his biological child and step-children. Family law matters were proceeding at the same time as the allegations of criminal abuse. In this case, the children reported that their discipline was excessive and caused them fear. This implies their father applies force intentionally without reasonable grounds. My client denied these allegations. When family law proceedings occur parallel to criminal law proceedings your criminal defence lawyer must be privy to the family law filings. My client denied the child abuse and explained his version of what happened to me. We set the matter for trial. 

Parental discipline was a consideration in this family violence case. The Criminal Code contains a defence for parents, teachers and guardians that determines reasonable grounds when disciplining a child. Section 43 of the Code, allows for parents and teachers to apply force on a child. However, the scope of this section has been interpreted by the Supreme Court of Canada and restricts the use of force in parental discipline cases against teenagers or children under the age of two. This section also does not allow this defence, if objects are used in the parental use of force. 

In this child abuse case, no one wanted to put three children on the stand to testify so eventually through hard work on the part of my client and myself, a peace bond resolution was eventually offered and accepted. 

Best child abuse lawyers are ready to provide legal services in cases including physical assault, sexual abuse and bodily harm

What Is A Peace Bond?

Peace bonds are court orders that result in all child abuse charges being withdrawn. The court order will be set for a specified time (typically 12 months) and will contain conditions which require compliance. A monetary amount is associated with a peace bond but usually does not require an actual deposit, instead, the amount is a promise to pay if the order is violated. 

Peace bonds are often a favourable outcome because all child abuse charges are withdrawn as a result. However, it is important to note that there are two types of peace bonds. The first is a common-law peace bond where a judge or justice of the peace orders someone to comply with a set of conditions for a period of time. The second type is one form of section 810 (of the Criminal Code). This is a formal order sworn by a peace officer. Once it is sworn and accepted by the Court, then a judge will order a set of conditions on the person entering into the peace bond. The type of peace bond typically is a non-issue in Canada. However, if you plan to travel to the United States, a peace bond may have an impact on your travel. Peace bonds (either type) are included in the Canadian Police Information Centre (CPIC). US Customs and Border Guard officials have access to CPIC. The United States does not have peace bonds or an equivalent so some border officials may consider a peace bond to be an indication of a crime of moral turpitude and deny entry as a result. 

This child abuse case demonstrates how critical it is to be open and honest with your child abuse lawyers and to work with the family lawyer. It also demonstrates that when you take part in your defence that can make the difference. The difference in this case was that my client completed a number of tasks I set out for him. This allowed me to re-negotiate with the prosecutor and ultimately allowed for a peace bond to become available.  

If you have been charged with child abuse allegations, contact a serious lawyer experienced in providing legal help for these charges every single day. 

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