CRIMINAL DEFENCE · ONTARIOEnglish · Português · Español

UNDERTAKINGS, RELEASE ORDERS & COURT DATES

Failure to Comply & Release-Condition Breach Defence in Ontario

A second charge needs its own careful assessment.

A failure-to-comply allegation may be added to an existing criminal case. FLS assists with eligible summary matters involving undertakings, release orders and court attendance under section 145, while assessing every related charge and any urgent need for lawyer assistance.

Classical limestone architecture in soft afternoon lightCLARITY. PREPARATION. PERSONAL REPRESENTATION.

Identify the document and the alleged failure

Section 145 contains different offences relating to court attendance, undertakings and release orders. Subsections (4) and (5) address specified failures to comply with undertakings and orders. Keep the original document and all amendments; the wording and dates are essential to assessing the allegation. Read section 145.

A breach allegation is separate from the original case

Bring the complete charging documents for both proceedings. Do not assume that resolving the underlying allegation automatically resolves a later charge. After retention, we review what the Crown alleges, the relevant terms and the available disclosure. Any new proposal should identify the intended outcome for each count. See the court’s explanation of the criminal process.

No-contact conditions and incoming messages

If a complainant contacts you while a restriction applies, check the exact document and obtain advice before responding. A private invitation is not the completed legal process for changing conditions. Keep the complete exchange and any effective variation. Read what to consider when the complainant contacts you first.

Tell us about custody or an immediate court obligation

When arranging help, identify an arrest, detention or imminent court date promptly. FLS’s work is limited to permitted paralegal proceedings. Bail hearings and Superior Court reviews require appropriate lawyer assistance; this service page does not offer those services. A consultation request does not replace a court appearance or change release terms.

Other orders require their own scope check

A probation order, peace bond and pre-trial release order are different documents. This page concerns eligible section 145 allegations, not every offence described as a breach. Bring the exact section and all related orders so we can assess whether we may act and what referral is needed.

Common questions

Can a breach charge exist alongside a domestic assault charge?

A file can contain separate allegations. Both the original charge and the alleged breach need assessment, including the permitted scope for each count.

Does this page include breach of probation representation?

No. Probation allegations require their own assessment. This page offers help with eligible section 145 proceedings, not blanket representation on every breach offence.

Can a consultation change my conditions immediately?

A consultation does not amend a document. Follow the effective terms and obtain advice about the proper process for seeking a change.

YOUR NEXT STEP

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