The Charge

In order to uphold the integrity of the justice system and ensure the rule of law, parliament has made it a criminal offence to breach most types of court orders and release documents issued in the context of criminal proceedings. These orders can come in many forms, including:

  • Appearance Notice
  • Promise to Appear
  • Undertakings to an Officer in Charge
  • Undertaking to a Justice
  • Recognizances
  • Probation orders
  • Peace bonds
  • Restraining orders
  • Emergency Protection Orders
  • Conditional Sentence Orders

As you might expect, Judges do not treat people who are alleged to have breached a court order made by one of their fellow judges lightly. This seriousness is demonstrated at all stages of your criminal case. Our criminal defence lawyers have the skills to help you defend against an allegation that you breached a court order.

Some of the most common breaches of court orders Calgary Criminal Lawyers deal with are:

  • No contact with a victim or witness involved in your case;
  • Not to possess or consume alcohol;
  • Not possess any weapons;
  • Being out past Curfew;
  • Not leave the Province of Alberta;
  • Not attend a certain residence or city;
  • Failure to attend for fingerprints;
  • Failure to appear for court;
  • Fail to attend to a probation officer;
  • Fail to take treatment or counselling under a probation order; and
  • Not be found behind the wheel of a motor vehicle

Regardless of the type of court order you allegedly breached, or the way in which you breached it, we can help! Based on your case, we may be able to develop a defence to the charge centering on one or more of the following issues:

  • Was the court order actually in force at the time of the alleged offence?
  • Did you have a good reason for breaching the order?
  • Did your conduct actually amount to a breach?
  • Was the order so confusing or vague that it is not possible to determine if you breached or not?
  • Are there any issues with the truthfulness or accuracy of the Crown’s witnesses to the alleged breach?

Bail

The first point at which you will witness the seriousness of this allegation is when it comes to the “bail” stage, when the police and/or Justice of the Peace decide whether or not you will be released from custody while your charge winds through the court system.

It takes special skill to convince a police officer or Justice to release you when you are alleged to have breached a court order, because the allegation already demonstrates that you may not obey any conditions if you are re-released. Calgary Criminal lawyers bring the skill needed to your bail hearing, and make a passionate argument for your release, focusing on all the factors that show your willingness to comply with future orders.

Changing your court order

If you are currently subject to a court order that is causing you excessive hardship, contact us immediately. We can help!

Depending on the specifics of your case, we may be able to have the problematic condition amended to allow exceptions, narrow it down, make it more flexible, or have it deleted altogether.

Achieving this requires a confident, trustworthy advocate on your side. We are skilled at negotiating changes to court orders with the prosecuting lawyer, and where that fails, we can apply to a judge.

Before the judge or prosecutor will agree to the change, they must be convinced that changing or removing the conditions will not compromise the safety of the alleged victims or witnesses on your case, or give you an opportunity to re-offend. Proving to them that requires sensitivity, truthfulness, and convincing legal submissions. Calgary Criminal Lawyers bring all those skills to your case.

The Defence

Regardless of the type of court order you allegedly breached, or the way in which you breached it, we can help! Based on your case, we may be able to develop a defence to the charge centering on one or more of the following issues:

  • Was the court order actually in force at the time of the alleged offence?
  • Did you have a good reason for breaching the order?
  • Did your conduct actually amount to a breach?
  • Was the order so confusing or vague that it is not possible to determine if you breached or not?
  • Are there any issues with the truthfulness or accuracy of the Crown’s witnesses to the alleged breach?

The Sentence

A conviction for breach of a court order will have a significant impact on your ability to get bail if you are ever alleged of a crime in the future. Do not make the decision to plead guilty lightly. Let us help. We will review the Crown’s case against you and your side of the story, and together we may be able to help you beat the charge.

If you are found guilty after a trial, or wish to plead guilty to minimize the damage, we can help! We may be able to negotiate a guilty plea to a non-criminal offence, or arrange for out-of-court resolution of your charge.

The maximum punishment for breaching most court orders is 2 years in jail, and/or a period of probation of up to 3 years, and/or a fine of several thousand dollars.