What is a Non-Communication Order?
When you are charged with a criminal offence, and you are released on bail, a non-communication order will typically be one of your conditions. If you are released on an undertaking, your own recognizance, or surety release, your conditions will often include a non-communication order. This condition commonly reads “You must not communicate, directly or indirectly, with ____________________.”
What if my Spouse Wants to Have Contact with me?
The conditions are imposed by a police office if it is an undertaking, or by the Court if a release order. The complainant rarely gives input as to the conditions in a bail order. So, even if your spouse would like contact with you, your bail conditions will still prohibit you from speaking with your spouse.
What is Indirect Communication?
Indirect communication means conveying a message through a third party. For example, asking someone to relay a message to a person on your behalf would be indirect communication. Indirect communication frequently can include social media postings directed at individuals named in no-communication conditions.
Are there any Exceptions to a Non-Communication Condition?
You are bound by the terms that are written on your release order. At times, your order will have exceptions to the non-communication clause. This may include the following exceptions: communication through legal counsel; communication through a mutually agreeable third-party; communication for family law purposes; and communication only for child-rearing purposes. If your release order does not have exceptions set out, then you have no exceptions to your non-communication condition.
Can I Vary my Non-Communication Condition?
Yes, you have two options to vary your non-communication condition. First, your lawyer can see if the Crown will consent to a variation of your bail conditions. If the Crown is not willing to consent, you will need to file a bail review in the Superior Court of Justice to argue that the conditions should be varied.
What Happens if I Violate a Non-Communication Condition?
If you do not follow your bail conditions, you can be charged with failing to comply with your release order. This is a new criminal offence. You would be arrested and would likely need to apply for bail again.
Any breach of your bail conditions may undermine any resolution that had been discussed. Many peace bond resolutions are offered contingent on you staying out of trouble and showing you can follow your bail. Breaching a non-communication order may end a peace bond resolution.
Brampton Domestic Violence Lawyers
Lockyer Zaduk Zeeh are experienced Brampton domestic violence lawyers. We are proactive about varying bail conditions, working out non-guilty plea resolutions, and protecting our client’s freedom and reputation. If you need an experienced Brampton domestic violence lawyer, give us a call at 416-613-0416 to schedule a consultation.