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
- In what capacity are you involved with peace bonds?
- Under what circumstances are peace bonds used?
- Are they useful under these circumstances?
- How frequently are applications for peace bonds made?
- Who applies for peace bonds?
- How often do police obtain peace bonds for battered women since the amendments made to section 810?
- In your estimation, how many peace bonds are family violence related?
- Who is the typical applicant, and who is the typical complainant?
- Are peace bonds easy to obtain?
- What conditions are attached to peace bonds?
- How are peace bonds enforced?
- How often are peace bonds breached?
- Are offenders charged and prosecuted for breaches?
- What penalties are given for breaches of a peace bond?
- In your opinion, what are the advantages and disadvantages of using peace bonds?
- Discuss the use of the provincial restraining order in comparison to that of the Criminal Code.
Justice of the Peace Interview Questions
- In what capacity do you have experience dealing with peace bonds?
- In your estimation, how many peace bonds cases have you seen in the last year?
- Could you briefly explain the process of obtaining a peace bond?
- 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?
- How often do police obtain peace bonds for battered women since the amendments made to section 810?
- In your estimation, how many peace bonds are family violence related? For what type of conduct are they issued? Spousal abuse? Criminal harassment/ stalking?
- What types of conditions are you asked to impose, or do you impose on your own?
- In most cases do peace bonds follow with a hearing?
- What is the average length of time between the issuance of the summons to appear and the hearing?
- How do you deal with cases where the accused does not appear?
- In cases of peace bonds what is the standard of proof? Do you employ balance of probability or beyond reasonable doubt?
- How has the handling of peace bonds changed since Bill C-42 made amendments to Criminal Code sections 810 and 811?
- Have these changes been effective? Why, or why not?
Victim Services/Women’s Shelter Worker Interview Questions
- In what capacity are you involved with peace bonds?
- In your estimation, how many women have you advised on the peace bond process? How many have you assisted through the process?
- Under what circumstances do you see peace bonds used?
- 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?
- Have you appeared on behalf of a battered woman to obtain a peace bond? How often?
- What are your impressions of the process of obtaining a peace bond?
- Are you and the women you are helping generally successful in obtaining a peace bond? Why, or why not?
- Other than or in addition to your service, where do victims obtain information or counseling about peace bonds?
- How often do you see police obtain peace bonds for battered women since the amendments made to section 810 of the Criminal Code?
- Are peace bonds easily accessed for battered women?
- In your opinion, what are the advantages and disadvantages of using peace bonds?
- Can you compare the use of peace bonds with the use of the provincial restraining order?
- Do you have a preference? Why?
- How has the handling of peace bonds changed since Bill C-42 made amendments to section 810 and 811 of the Criminal Code?
- Have these changes been effective? Why, or why not?
Members of the Police Interview Questions
- In what capacity are you involved with peace bonds?
- Under what circumstances are peace bonds used? For what type of conduct? How many are family violence related? For example, in the last year.
- Under what circumstances are they most useful? Least useful?
- How often do you recommend peace bonds to battered women?
- Since the amendments to section 810 how often do police obtain peace bonds on behalf of battered women?
- 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?
- Where peace bonds are issued post-charge, what type of offenses are the offenders generally charged with?
- What conditions do police typically recommend victims obtain in circumstances of family violence?
- How are peace bonds enforced?
- What problems do you see in the enforcement of peace bonds?
- How often are peace bonds breached? What is the typical offense?
- If a peace bond has been breached, what evidence do you look for?
- 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?
- In your opinion, what are the advantages and disadvantages of using peace bonds?
- Can you compare the use of the provincial restraining order to that of a peace bond?
Judge Interview Questions
- In what capacity are you involved with peace bonds?
- How frequently do you see peace bonds used under circumstances of family violence?
- How frequently do you hear of cases where charges for breach of a peace bond accompany other family violence related charges?
- What is the average penalty for breach of a peace bond?
- Is this different in family violence related cases?
- How has the handling of peace bonds changed since the 1994 amendments to section 810 of the criminal code?
- Have these changes been effective?
- In your opinion, what are the advantages and disadvantages of using peace bonds in family violence situations?
- Discuss the use of the provincial restraining order in comparison to that of the Criminal Code?
Lawyer/ Attorney Interview Questions
- In what capacity are you involved with peace bonds?
- Can you briefly discuss the process of obtaining a peace bond?
- (Crown Attorney) If there is an incidence of an assault would you pursue charges of both an assault and breach of a peace bond?
- How do you counsel battered women? When prosecuting, what evidence is needed in order to be successful?
- What do you think is the difference between family violence related and non-family violence related cases? Do you handle them differently? How?
- In your estimation, what percentage of peace bond cases are family violence related?
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