Part 11: Glossary terms

Bail hearing: a hearing where a judge or justice of the peace decides whether your partner should be released or stay in jail until their criminal court case is finished.

Beyond a reasonable doubt: the legal test of proof that is required in a criminal law case. To be found guilty of a crime, the evidence must show that there is no reasonable explanation for what happened other than that the person charged with the crime did it.

Breach of recognizance or breach of peace bond: a criminal charge that your partner might get if they do not follow the release conditions they got from the police or after getting bail. It is also called failure to comply with a condition of undertaking or recognizance.

Consent form: a document where you give permission to allow certain people, such as your doctor, to share information in their file about you.

Crown Attorney: a government lawyer who presents the case against your partner. They are sometimes called the Crown or Crown prosecutor.

Disclosure: the sharing of all documents, evidence, and other information that the police and Crown have about a criminal case.

Dominant aggressor: the partner who caused most of the violence in the relationship.

Equalization of net family properties: the process used to calculate and share any increase in value to a married couple’s property while they were married.

Exclusive possession: a family court order that says one partner can stay in, or return to, the home and the other partner is not allowed on the property. If there are children, the order usually also says that the children are allowed on the property. The order is usually temporary. The court does not decide who owns the home or who rented it when deciding who can stay in it.

Legal Aid certificate: a document that says Legal Aid Ontario has agreed to pay for a certain number of hours of a lawyer’s time to work on your legal issues.

No contact condition: a condition in a family or criminal court order that says your partner is not allowed to contact you or communicate with you.

Non-removal order: a family court order that says that one or both parents cannot take a child out of a certain area, such as Ontario.

Occurrence report: the official police summary of what happened. It has details such as what you and your partner told them, and what the police saw. The report should include an occurrence or incident number.

Peace bond: a criminal court order that your partner might sign which says they promise to keep the peace and have good behaviour. A peace bond can also be a mutual peace bond where both you and your partner promise to keep the peace and have good behaviour.

Restraining order: a family court order that says what your partner cannot do. For example, the order might say where they cannot go, or who they cannot contact.

Subpoena: a document that orders you to go to court on a certain date.

Summons: a document that orders your partner to go to court on a certain date.

Supervised parenting time: a kind of parenting time where someone else watches when your partner visits with your child. This might be staff at a supervised access centre, a family member, or friend. The purpose is usually to make sure the child is safe.

Supervised parenting time exchanges: when someone watches your partner pick up or drop off your child but does not watch the parenting time. The purpose is usually to reduce conflict between you and your partner, or to protect you from being abused by your partner.

Surety: this is a person who helps your partner get bail, by agreeing to supervise them while they are on bail. A surety tries to make sure your partner does not commit any more crimes and that they go to court when they are supposed to. A surety is usually a close friend or relative.

Unjust enrichment: a claim in family law where one partner tries to show that it would be unfair to allow the other partner to leave the relationship without sharing their property. It is usually used by common-law couples who do not have an automatic right to share in the value of the property accumulated during the relationship. This can be very hard to prove.

Victim impact statement: a statement given in criminal court where you tell the court about how you feel about the crime and how it has affected you.

Warrant: a document that allows the police or immigration authorities to arrest a person.

Without notice or ex parte order: a family court order that was made without telling your partner in advance that you were asking the court for an order. It usually lasts for a short period of time. There will be another court date where your partner has a chance to respond, and a judge decides whether the order should continue.