Peace Bonds and Violence Against Women: A Three-Site Study of the Effect of Bill C-42 on Process, Application and Enforcement

Appendix A: Interview Questions

  1. In what capacity are you involved with peace bonds?
  2. Under what circumstances are peace bonds used?
  3. Are they useful under these circumstances?
  4. How frequently are applications for peace bonds made?
  5. Who applies for peace bonds?
  6. How often do police obtain peace bonds for battered women since the amendments made to section 810?
  7. In your estimation, how many peace bonds are family violence related?
  8. Who is the typical applicant, and who is the typical complainant?
  9. Are peace bonds easy to obtain?
  10. What conditions are attached to peace bonds?
  11. How are peace bonds enforced?
  12. How often are peace bonds breached?
  13. Are offenders charged and prosecuted for breaches?
  14. What penalties are given for breaches of a peace bond?
  15. In your opinion, what are the advantages and disadvantages of using peace bonds?
  16. Discuss the use of the provincial restraining order in comparison to that of the Criminal Code.

Justice of the Peace Interview Questions

  1. In what capacity do you have experience dealing with peace bonds?
  2. In your estimation, how many peace bonds cases have you seen in the last year?
  3. Could you briefly explain the process of obtaining a peace bond?
  4. Who appears before you to get a peace bond? How often do third parties appear in order to obtain peace bonds on behalf of battered women?
  5. How often do police obtain peace bonds for battered women since the amendments made to section 810?
  6. In your estimation, how many peace bonds are family violence related? For what type of conduct are they issued? Spousal abuse? Criminal harassment/ stalking?
  7. What types of conditions are you asked to impose, or do you impose on your own?
  8. In most cases do peace bonds follow with a hearing?
  9. What is the average length of time between the issuance of the summons to appear and the hearing?
  10. How do you deal with cases where the accused does not appear?
  11. In cases of peace bonds what is the standard of proof? Do you employ balance of probability or beyond reasonable doubt?
  12. How has the handling of peace bonds changed since Bill C-42 made amendments to Criminal Code sections 810 and 811?
  13. Have these changes been effective? Why, or why not?

Victim Services/Women’s Shelter Worker Interview Questions

  1. In what capacity are you involved with peace bonds?
  2. In your estimation, how many women have you advised on the peace bond process? How many have you assisted through the process?
  3. Under what circumstances do you see peace bonds used?
  4. For what type of spousal conflict or violence would you recommend a woman obtain a peace bond? When would you not recommend a peace bond?
  5. Have you appeared on behalf of a battered woman to obtain a peace bond? How often?
  6. What are your impressions of the process of obtaining a peace bond?
  7. Are you and the women you are helping generally successful in obtaining a peace bond? Why, or why not?
  8. Other than or in addition to your service, where do victims obtain information or counseling about peace bonds?
  9. How often do you see police obtain peace bonds for battered women since the amendments made to section 810 of the Criminal Code?
  10. Are peace bonds easily accessed for battered women?
  11. In your opinion, what are the advantages and disadvantages of using peace bonds?
  12. Can you compare the use of peace bonds with the use of the provincial restraining order?
  13. Do you have a preference? Why?
  14. How has the handling of peace bonds changed since Bill C-42 made amendments to section 810 and 811 of the Criminal Code?
  15. Have these changes been effective? Why, or why not?

Members of the Police Interview Questions

  1. In what capacity are you involved with peace bonds?
  2. Under what circumstances are peace bonds used? For what type of conduct? How many are family violence related? For example, in the last year.
  3. Under what circumstances are they most useful? Least useful?
  4. How often do you recommend peace bonds to battered women?
  5. Since the amendments to section 810 how often do police obtain peace bonds on behalf of battered women?
  6. Under what circumstances are peace bonds issued without charges? In these cases, is it the victim or the police who applied for the peace bond?
  7. Where peace bonds are issued post-charge, what type of offenses are the offenders generally charged with?
  8. What conditions do police typically recommend victims obtain in circumstances of family violence?
  9. How are peace bonds enforced?
  10. What problems do you see in the enforcement of peace bonds?
  11. How often are peace bonds breached? What is the typical offense?
  12. If a peace bond has been breached, what evidence do you look for?
  13. In cases of family violence where a woman has been assaulted, how likely are you, and the police generally (in your department), to also arrest for breach of a peace bond?
  14. In your opinion, what are the advantages and disadvantages of using peace bonds?
  15. Can you compare the use of the provincial restraining order to that of a peace bond?

Judge Interview Questions

  1. In what capacity are you involved with peace bonds?
  2. How frequently do you see peace bonds used under circumstances of family violence?
  3. How frequently do you hear of cases where charges for breach of a peace bond accompany other family violence related charges?
  4. What is the average penalty for breach of a peace bond?
  5. Is this different in family violence related cases?
  6. How has the handling of peace bonds changed since the 1994 amendments to section 810 of the criminal code?
  7. Have these changes been effective?
  8. In your opinion, what are the advantages and disadvantages of using peace bonds in family violence situations?
  9. Discuss the use of the provincial restraining order in comparison to that of the Criminal Code?

Lawyer/ Attorney Interview Questions

  1. In what capacity are you involved with peace bonds?
  2. Can you briefly discuss the process of obtaining a peace bond?
  3. (Crown Attorney) If there is an incidence of an assault would you pursue charges of both an assault and breach of a peace bond?
  4. How do you counsel battered women? When prosecuting, what evidence is needed in order to be successful?
  5. What do you think is the difference between family violence related and non-family violence related cases? Do you handle them differently? How?
  6. In your estimation, what percentage of peace bond cases are family violence related?
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