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Script 155 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
What is family violence?
Family violence is more than just physical assault or the beating a family member. In fact, it’s against the law for anyone to assault, threaten or harass another person. A person who hits his or her spouse or partner can be charged with assault, whether married or in a common-law relationship or same-sex partnership.
What should you do if you’re afraid of your partner’s violence?
If it isn’t possible to speak rationally with your partner to resolve the issue, and counselling isn’t appropriate, then you should start writing down the dates and details of your partner’s abusive conduct. This way, if it happens again, you can call the police and file an accurate and detailed report. Your fear must be based on facts, including actual words spoken as threats. The police will come to take a statement from you and investigate. They’ll also tell you about other community-based services which can help. If needed, the police can provide you with a translator.
What community services are available to help?
Victims of family violence should seek help from community support workers, social workers or health care professionals to make sure that they have a plan for protecting their health and safety. Some of the services available include the following:
- One option is to call VictimLINK, which is a 24-hour victim’s information and help line. The toll-free phone number from anywhere in BC is 1.800.563.0808.
- In Vancouver, you can go to Vancouver General Hospital’s Domestic Violence Program. The 24-hour emergency service is located at 920 West 10th Avenue. Staff can help you document your injuries, but they won't call the police unless you agree to it. They’ll also help you find an emergency shelter, legal services and/or housing. There’s also an outpatient clinic at 855 West 12th Avenue open Monday to Friday from 8:30 a.m. to 4:30 p.m., or you can call them at 604.875.4924 during business hours. There’s also a similiar service available through St. Paul’s Hospital’s Domestic Violence Intervention Program. For more information on both programs, click on www.vch.ca/programs/domestic_violence.htm
- Another community service is the Vancouver & Lower Mainland Multicultural Family Support Services Society at 604.436.1025, open from 9:00 a.m. to 5:00 p.m. from Monday to Friday. They offer counselling for victims and children who witness abuse, and can provide you with a translator for police or family court interviews.
- Disabled victims of family violence can call the BC Coalition for Persons with Disabilities at 604.875.0188 in the lower mainland or toll-free at 1.800.663.1278 elsewhere in BC. They can help with referrals to transition houses that are wheelchair accessible. If you need an advocate, the coalition also has an Advocacy Access number of 1.604.872.1278.
But, remember, in any emergency situation, call the police
They can connect you to community services for emergency shelter. If space is available in a nearby transition house, you and your children can stay there for up to several weeks. This will help give you time to find a new place to live.
What about getting a restraining order?
If you’re concerned that your partner may continue to bother you or your children after you separate, you can apply to Family Court for a restraining order. This restraining order can be applied for and obtained within 48 hours. If your partner ignores the restraining order and continues to harass you, he or she can be arrested. Your partner can be brought before the court, to be released if the judge is satisfied that he or she is not a danger to your personal safety.
What about criminal charges against your partner?
If your partner breaks the restraining order or assaults or harasses you, and the police believe that criminal charges are appropriate, they’ll gather evidence and speak to your partner and to any witnesses. As a result of their investigation, they’ll prepare a report for the prosecutor, who is called the Crown Counsel. After reviewing the police report, the Crown Counsel will decide whether or not to lay a criminal charge. Unless your partner pleads guilty, a trial will be held and you’ll be expected to testify about what happened.
Criminal charges are very serious
If the police arrest your partner, your partner may be released on the condition that he or she not have any contact with you in any way. You may not be able to change the conditions of release, and you and your children may not be able to see your partner until a court orders that you can. Even if you want contact with your partner, the court may order that no contact take place. Also, once the police arrest your partner, you may not be able to get the charges dropped. Remember, it is the Crown Counsel who lays the charges against your partner, not you.
What happens if your partner is convicted of criminal charges?
If your partner is convicted of assaulting or threatening you, he or she would normally receive a sentence of a fine or be placed on probation with conditions. If it’s also your desire, the judge may order your partner not to contact you in any way, or that your partner must go for counselling or treatment. The judge will probably not send your partner to jail, unless your partner was previously convicted of assault or the incident was extremely violent.
Will you need a lawyer?
You won’t need a lawyer for the criminal trial because the Crown Counsel handles the case for the prosecution, and you’ll be a witness for the prosecution. Be aware though that the prosecutor is likely to be very busy and may not be able to spend a lot of time interviewing you.
You should, however, consult a lawyer about other steps to take for your safety, or to end your relationship and resolve all legal matters. Legal aid is available to some people who cannot afford a lawyer. Call 604.408.2172 in the lower mainland or 1.866.577.2525 elsewhere in BC. When applying for legal aid, you should mention that you fear further and continued violence from your partner.
What’s a peace bond?
An alternative process is for Crown Counsel to ask for a peace bond (which is a type of restraining order) under section 810 of the Criminal Code. This isn’t a criminal charge but it has the same effect of making your spouse stay away.
You may not be the only victim of family violence within your family
Family violence affects children too. Social workers sometimes intervene without the parents’ consent when children witness family violence. The Ministry of Children and Family Development has removed children from their parent’s care because of violence by the one of the parents.
Note that the BC/Yukon Society of Transition Houses offers counselling programs throughout BC for children who witness violence. Call them at 604.669.6943 or 1.800.661.1040; also see their website, which is www.bcysth.ca.
Where can you find more information?
[updated March 2007]
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