Understanding how criminal law can influence family law decisions is essential when you're involved in both types of proceedings.
In this post, we'll break down bail conditions, and what to keep in mind when managing your family law matter and criminal charges.
What Are Bail Conditions?
When someone is charged with a criminal offence, they may be released from custody while awaiting trial. This release can come in several forms-such as a recognizance, undertaking, or release order but in all cases, the accused will be subject to bail conditions they must follow until their case is resolved. Some examples of possible bail conditions include...
- No contact conditions (limiting communication with specific individuals).
- A condition stating you must reside at a specific address.
- A condition restricting you from attending at certain geographical areas or specific addresses.
The "No Contact" Condition & Family Proceedings
One of the most common bail conditions that impacts a family law proceeding is a "no contact" order. This typically prohibits you from:
- Communicating with the complainant (the person who reported the alleged offence).
- Being within a certain distance of their home, workplace, or other listed locations; and
- Contacting them through third parties (unless via legal counsel).
This condition becomes especially complicated when the complainant in the criminal proceeding is your former partner/spouse and there's an ongoing family law matter involving children because it significantly affects both decision-making issues and parenting time. Specifically:
- Decision-Making: If you cannot communicate with the other parent directly, it is extremely challenging to make decisions regarding your children and their well-being in a fulsome and timely manner. For example, while it may seem harmless to text the other parent about the children, doing so without legal permission could violate your release terms and lead to new criminal charges.
- Parenting time: If you cannot go within a specified distance from the other parent, coordinating pickups and drop-offs for parenting time is very difficult. As bail conditions can also extend to limiting the ability to be within a specified distance from multiple locations that the complainant frequents (such as their work, perhaps their parents' home, etc.), viable and safe neutral locations for parenting exchanges can be difficult to determine.
What Can You Do?
If you're facing both criminal and family law proceedings, here's what you can do:
1. Contact a Criminal Lawyer
They can explain your bail conditions and whether your current situation puts you at risk of breaching them. A criminal lawyer may also advise whether you can apply for a bail variation to adjust your release conditions, such as allowing communication for parenting purposes or permitting contact with the other parent through a neutral third party (such as a designated friend/family member or mediator).
2. Contact a Family Lawyer
A family lawyer can help you work around communication barriers with your former spouse and can help to negotiate a viable temporary parenting plan/agreement.
3. Consider a Bail Variation
You may be able to apply for a bail variation to adjust your release conditions. In cases involving children, this could include:
- Allowing limited communication for parenting purposes
- Permitting contact through a third party (such as a designated friend/family member or mediator)
- Specifying exchange locations for parenting time transitions
Your criminal lawyer can help you prepare and submit this request.
4. Coordinate Between Legal Counsel
Ideally, your criminal and family lawyers should communicate with one another. This ensures consistent strategies across both cases and that Court orders from the family court and criminal court don't contradict or negatively impact each other.
Final Thoughts
Bail conditions can feel restrictive, especially when you're also dealing with a family law matter. While they are legally binding and must be taken seriously, there are often legal options available to help you manage both situations. If you find yourself in this position, it's important to reach out for legal advice. With the right support and guidance, you can take steps to stay in compliance while still protecting your rights and your relationship with your children.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
