Do I need a lawyer for a Peace Order hearing this Friday?

Question

Last Tuesday, I went to pick my 13 yo son up near school at the location we agreed upon that morning but he wasn’t there.  After waiting 10 minutes, I drove home looking for him.  I saw him walking down Main Street so I honked at him, pulled into a side street, and got out to call for him.  He wasn’t turning around to come back towards me so I drove back up to where he was on Main Street, picked him up and took him home.  After we got home, two police officers came to question me about the 2 little kids I almost hit with my car and screamed/cursed at.  I told the police what actually happened and so did my son.  They left and spoke to the parents of the children and have now filed a Peace Order against me.  I did not almost hit any children nor did I scream or curse at anyone that afternoon.  I got out and called my son’s first name.  I think the little kids were just confused and this was a misunderstanding.  They had just crossed as I pulled in and not in danger.

Mark Oakley · Answer

Although a peace order does not itself carry jail or a fine, and is not a criminal matter involving conviction and sentencing that would affect a criminal background check, should you violate the terms of the peace order (typically by having contact with the persons protected by the order) then that violation may be charged as a crime and would carry the potential for jail, fines and a record of conviction.  Further, a finding that there are grounds to support the peace order will create a civil court record showing a peace order was issued against you.  There are three possible outcomes of a peace order hearing: (1) the petition is denied based on insufficient grounds to issue it; (2) the petition is granted because the court finds your actions toward the children meet the statutory basis for a peace order; or (3) you voluntarily consent to the issuance of the peace order without admitting any of the conduct (even denying it took place) alleged in the petition.  Results #1 and #3 can result in having the civil docket record of the action sealed and removed from public view (the consent under #3 will have a waiting period before you can do so); while #2 remains a permanent civil docket entry.  You are able to appeal a finding against you, however, and seek to have the result overturned, but that does not mean you would prevail.  
 
Consenting to a peace order without any admission of wrongdoing is a common and easy way to resolve these petitions without risk, assuming you do not expect to have further prohibited contact with the person(s) protected by the order (e.g., the do not live on your street, they are not at your son's school with the likelihood of being within a prohibited distance of them when picking him up, etc.). The orders only last a maximum of 6 months, then expire.  You then become eligible for a shielding order to seal the civil docket record.  However, not everyone is comfortable with issuance of a peace order when they do not believe they are in the wrong. 
 
The decision of whether to retain counsel is up to you, but you only get one opportunity to win your case at the hearing, and a lawyer will know the statute and legal evidentiary burdens the petitioner must meet to justify issuance of the order, and will be better at cross-examination as well as directing your testimony in ways that will defeat the petition from being granted.  While the conduct justifying issuance of a peace order is lacking based on your description of what happened, there is obviously another version of what happened being alleged, and it is your word against theirs.  In such situations, it is often the person the judge believes is more credible that prevails when the same facts are disputed.

Q: Do I need a lawyer for a Peace Order hearing this Friday?