Attn Lawyers: When a Judge reserves decsion is it bad?

[razorramon217]

My girlfriend went for a peace bond against her neighbor because he was making sexually suggestive phone calls against her and sending her sexually explicit emails.The phone calls were taped and although no threats of violence there were threats that she would "get her ass fucked".

The neighbor is male and he is very wealthy and very connected. The Crown decided to intercede but it turned out the Crown interceded on his behalf and gave his witnesses no cross examination. To make matters worse he had his own lawyer who also allowed to cross examine the witnesses. Therefore his witnesses got NO CROSS examination and her witnesses were vigorously and aggressively cross examined. The hearing lasted 2 days and was over today.

The Justice of the Peace reserved decision until 1st. week of July. My girlfriend is terrified that she lost. I tend to agree but I know jack about the law.

In this case do you think a reserve decision is bad or can it work for her?

What I don't understand is the Crown took the position that it was "frivolous", stated he could have withdrawn it any time but wasted two days on it??

Can A peace bond be appealed. Thanks,

PS. If you do this kind of work PM. I am looking to hire if she loses and an appeal is possible.

 

[freedom3]

Most decisions after a lengthy hearing are reserved. Remember, the judge must explain what he/she is doing and unless the answer is very obvious, the judge needs time to write it up.

 

[Petzel]

I don't understand. If she has proof of the emails and the phone calls were taped what is there to think about? It should be obvious he did it.
Maybe she should also get a restraining order against him.

 

[razorramon217]

I don't understand. If she has proof of the emails and the phone calls were taped what is there to think about? It should be obvious he did it.
Maybe she should also get a restraining order against him.

Don't know why he reserved decision but peace bond is between strangers and restraining order is between spouses.

 

[Anynym]

I don't understand. If she has proof of the emails and the phone calls were taped what is there to think about? It should be obvious he did it.
Maybe she should also get a restraining order against him.

A Judge has a lot more legal training than a Justice of the Peace. I don't know whether this case was heard before a Judge or a JP, but that's not really important here.

Either way, they may want to review the evidence which was presented and review various legal precedents to make sure they're making the correct ruling. Then, as pointed out above, even if they were to make their ruling immediately they would likely "reserve the reasons for their decision" - giving themselves some time to write up the legal basis for their decision.

 

[razorramon217]

A Judge has a lot more legal training than a Justice of the Peace. I don't know whether this case was heard before a Judge or a JP, but that's not really important here.

Either way, they may want to review the evidence which was presented and review various legal precedents to make sure they're making the correct ruling. Then, as pointed out above, even if they were to make their ruling immediately they would likely "reserve the reasons for their decision" - giving themselves some time to write up the legal basis for their decision.

It was in front of a JP.

 

[rld]

My girlfriend went for a peace bond against her neighbor because he was making sexually suggestive phone calls against her and sending her sexually explicit emails.The phone calls were taped and although no threats of violence there were threats that she would "get her ass fucked".

The neighbor is male and he is very wealthy and very connected. The Crown decided to intercede but it turned out the Crown interceded on his behalf and gave his witnesses no cross examination. To make matters worse he had his own lawyer who also allowed to cross examine the witnesses. Therefore his witnesses got NO CROSS examination and her witnesses were vigorously and aggressively cross examined. The hearing lasted 2 days and was over today.

The Justice of the Peace reserved decision until 1st. week of July. My girlfriend is terrified that she lost. I tend to agree but I know jack about the law.

In this case do you think a reserve decision is bad or can it work for her?

What I don't understand is the Crown took the position that it was "frivolous", stated he could have withdrawn it any time but wasted two days on it??

Can A peace bond be appealed. Thanks,

PS. If you do this kind of work PM. I am looking to hire if she loses and an appeal is possible.

The fact that the decision has been reserved is neither here nor there.

The fact the crown does not support the application is a big problem.

 

[Petzel]

Don't know why he reserved decision but peace bond is between strangers and restraining order is between spouses.

I always thought you could get a restraining order against anyone who is harrassing you!?

 

[razorramon217]

The fact that the decision has been reserved is neither here nor there.

The fact the crown does not support the application is a big problem.

Actually an attorney stated that would help her. Reason being is that in a Peace Bond Application if the Crown believes that the claim is frivolous he should pull the application at first chance. He should not proceed.

 

[oldjones]

I always thought you could get a restraining order against anyone who is harrassing you!?

Surely you also considered that would only happen after you properly established there was actual harassment, and that you weren't just making things up or blowing them out of proportion. It's hard to tell from the OP's brief account, but that seems to be where this application has stalled.

 

[rld]

Actually an attorney stated that would help her. Reason being is that in a Peace Bond Application if the Crown believes that the claim is frivolous he should pull the application at first chance. He should not proceed.

I would disagree with that assessment.

Crowns are busy. They don't always thoroughly vet files when they first come in. They often only meet witnesses etc on the date the hearing is scheduled for, especially for non-charge/police matters. J/P.'s work with crowns every day and know this.

Crowns also like to cover this behinds, so if they run the hearing and someone gets hurt down the road, they can say..."I ran the hearing."

Anyways, if it was obvious the crown was "going through the motions" that does not help the applicant at all. JPs generally respect Crown's opinions.

 

[afterhours]

I'd venture a guess that all private informations and informants are presumptively considered to be worthless shit by JPs and Crowns alike.

 

[razorramon217]

I would disagree with that assessment.

Crowns are busy. They don't always thoroughly vet files when they first come in. They often only meet witnesses etc on the date the hearing is scheduled for, especially for non-charge/police matters. J/P.'s work with crowns every day and know this.

Crowns also like to cover this behinds, so if they run the hearing and someone gets hurt down the road, they can say..."I ran the hearing."

Anyways, if it was obvious the crown was "going through the motions" that does not help the applicant at all. JPs generally respect Crown's opinions.

So basically she is screwed?

What is your opinion on the reserve decision? Doesn't factor?

 

[afterhours]

So basically she is screwed?

What is your opinion on the reserve decision? Doesn't factor?

Dude, this guy is not gonna bother her anymore. Isn't it what she wanted? What do you even mean by "screwed"? Her legal victory is not gonna be on the first pages of world media?

 

[razorramon217]

Dude, this guy is not gonna bother her anymore. Isn't it what she wanted? What do you even mean by "screwed"? Her legal victory is not gonna be on the first pages of world media?

Yes he is. He's already started today. At the very least the Peace Bond would have given him something to think about. I guess we just have to wait and see. This guy has successfully defeated a few other Peace Bond made by other people in the neighborhood.

 

[rld]

So basically she is screwed?

What is your opinion on the reserve decision? Doesn't factor?

Reserve decisions can go either way, that doesn't matter.

If I was placing a bet on this decision, based on the facts you have given me I would bet against the order being given.

But I did not hear the witnesses, nor did I hear the submissions. Your GF could have been a very impressive witness and convinced the JP. The JP could have a tendency to give such orders or be very protective of women, or vice versa.

There are a lot of variable I can't account for, but on what you have given me I would not be betting the house on getting that order.

 

[razorramon217]

Reserve decisions can go either way, that doesn't matter.

If I was placing a bet on this decision, based on the facts you have given me I would bet against the order being given.

But I did not hear the witnesses, nor did I hear the submissions. Your GF could have been a very impressive witness and convinced the JP. The JP could have a tendency to give such orders or be very protective of women, or vice versa.

There are a lot of variable I can't account for, but on what you have given me I would not be betting the house on getting that order.

I am tending to agree with you. The only thoughts I have that she "may" get is the JP chastised both the Crown and his lawyer of "leading" their witnesses. It was a weird hearing as the Crown went from vigorously defending the defendant to being deflated by the taped phone calls. The calls were pretty bad as the defendant went into detail how he would "fuck" her ass.

 

[red]

post all of it on youtube or facebook

 

[razorramon217]

post all of it on youtube or facebook

The tapes? I suggested that to her. To make a web site about him just in case he acts on his threats but he'll probably sue for defamation. He is wealthy and doesn't work. He has all day to plan various law suits and uses good lawyers. He's the bad neighbor everyone fears. Wealthy, insane and vindictive.

 

[afterhours]

what jurisdiction is it in?