|
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 beating a spouse or child. It’s the abuse of power to harm or control a person who was or is a family member. Family violence includes:
- physical abuse, such as pushing or hitting
- threats, intimidation and coercion
- harassment
- stalking
- mental or emotional abuse
- verbal abuse
- economic abuse
- sexual abuse
Although family violence is often directed by men at women, anyone can be abused.
Family violence undermines the physical and mental health of its victims. Victims of family violence include children who witness abuse even if they are not directly abused. Family violence doesn’t tend to go away or get better over time – it can get worse.
Abuse is wrong
No one deserves to be abused. It’s against the law for anyone to physically abuse, threaten or harass another person. A person who does these things against their spouse or partner (whether married or in a common-law or same-sex relationship) can be charged with assault.
In an emergency, call the police
In addition to ensuring you are safe, the police can assess whether criminal charges may be necessary. They can also connect you to community services, which might include helping you find emergency shelter. You and your children might be able to stay in a nearby transition house for up to several weeks. This will help give you time to find a new place to live.
What if you’re not sure about involving the police?
If you’re afraid but don’t know about calling the police, the following services can help:
- The Vancouver General Hospital’s Domestic Violence Program operates a 24-hour emergency service located at 920 West 10th Avenue, Vancouver. Staff can help you document your injuries, but they won't call the police unless you agree. 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 in Vancouver, 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.
- St. Paul’s Hospital’s Domestic Violence Intervention Program operates a similiar service.
For more information on both programs, click on www.vch.ca/programs/domestic_violence.htm. You can find such links as “Leaving Domestic Violence: A Safety Planning Checklist.”
What if it’s NOT an emergency?
If you are safe and have time to think about how to address your partner’s violence, there are three main options:
- attending some form of counselling
- pursuing criminal charges in criminal court
- obtaining a restraining order in civil court
You may need to try one or more of these routes.
It may be helpful to record the dates and details of your partner’s abusive conduct. If you decide to call the police or take legal action, you’ll have accurate information to give police or your lawyer.
What counselling or similiar 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 people have coverage to pay for counselling through their extended health benefit plans. But some services are free and you don’t have to pay. If going to counselling with your partner isn’t an option, you may benefit from speaking with a counsellor on your own to determine the next steps for yourself and your children.
Some of the services available include the following:
- The Battered Women’s Support Services offers support groups, advocacy, counselling over the telephone and much more. The intake and counselling line is 604.687.1867, and their website is www.bwss.org.
- VictimLINK is a 24-hour victim’s information and help line. The toll-free phone number from anywhere in BC is 1.800.563.0808.
- The Vancouver & Lower Mainland Multicultural Family Support Services Society offers counselling for victims of domestic violence and children who witness abuse, and can provide a translator for police or court interviews. The phone number is 604.436.1025, and the agency is open from 9:00 a.m. to 5:00 p.m. from Monday to Friday. See their website at www.vlmfss.ca.
- 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. This agency 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. Their website is www.bccpd.bc.ca.
- Family Services of Greater Vancouver offers a wide variety of services for victims of domestic violence, including programs relating to abuse prevention and trauma. See their website at www.fsgv.ca. Also, in partnership with Family Services, the Vancouver Police Department operates a Domestic Violence and Criminal Harassment Unit that provides follow-up, especially if your partner has assaulted you violently or often.
- The BC/Yukon Society of Transition Houses offers safe temporary shelter for up to 30 days for women and children experiencing domestic violence. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Contact the society at 604.669.6943 in Vancouver or 1.800.661.1040 elsewhere in BC; also check their website at www.bcysth.ca.
What about criminal court as an option?
If you contact the police, they will investigate by taking a statement from you, your partner and any witnesses. If the police believe that criminal charges are appropriate, they’ll prepare a report for the prosecutor or “Crown Counsel.” The Crown Counsel reviews the report and will decide whether to lay a criminal charge.
What happens if criminal charges are laid?
If the Crown Counsel charges your partner with a criminal offence such as assault, the police will arrest him or her. Most people charged with a criminal offence aren’t kept in police custody, but are released on bail on conditions ordered by a judge. For example, your partner may be released on conditions that he or she not have any contact with you or come to your home.
If your partner doesn’t obey the conditions, you can tell the police and he or she may be arrested and charged with breaking the bail order.
If such conditions are ordered, but you and your children want to have contact with your spouse or partner, you’ll need to talk to the Crown Counsel about changing the bail order.
Can the criminal charges be dropped?
If your partner is charged, he or she may pressure you to get the charge dropped. This may not be possible, because it is the Crown Counsel who lays the charge against your partner, not you. Any unwanted pressure or contact should be reported to the police.
Will there be a trial?
If your partner doesn’t plead guilty to the criminal charge, a trial will be held. You’ll tell the judge what happened. The Crown Counsel is your lawyer and will help you prepare to testify. You can also get help in monitoring the criminal court process and getting ready for trial by contacting the Vancouver Police Department Victim Services Unit at 604.717.2737. For more information on the court process, see the Provincial Court website at www.provincialcourt.bc.ca.
What happens if your partner is convicted?
If your partner is convicted of assaulting or threatening you, he or she would usually be ordered to pay a fine or will be placed on probation with conditions, such as not contacting you, or attending counselling or an anger management program. The judge probably won’t send your partner to jail, unless he or she was previously convicted of assault or the incident was extremely violent.
What is a peace bond?
You may decide that the criminal court process isn’t the best way for you and your partner to deal with violence in your relationship. The Crown Counsel may therefore agree to drop the criminal charge against your partner if he or she enters into a peace bond under section 810 of the Criminal Code. This involves your partner undertaking to keep the peace and obey certain conditions, for example, not contacting you for a period of time. If your partner obeys the conditions, he or she won’t have a criminal record.
What about asking for a restraining order in civil court?
Another option is to apply to Family Court (which is a division of Provincial Court) or Supreme Court for an order restraining your partner from contacting you or the children or coming to your home, together with a peace officer enforcement clause. This clause would apply if the police haven’t been involved or if there wasn’t enough evidence for your partner to be charged with a criminal offence.
If you’re really concerned about your safety or being harassed, it may be wise to get a civil restraining order even if criminal charges are laid. This is because bail conditions ordering “no contact” will end if the Crown Counsel drops the charge against your partner or your partner is found not guilty after a trial.
Do you need a lawyer to get a restraining order?
You can apply yourself for a restraining order in either Supreme Court or Provincial Court, but you may find the paperwork simpler in Provincial Court. The process involves preparing a notice of motion, a document listing the orders you want the judge to make, and either making a sworn affidavit (a sworn written statement) or testifying in court. A family justice worker or Legal Aid duty counsel might be able to help you. Depending on the court’s location, a restraining order can often be obtained quickly – even in the same day in some circumstances.
What if your partner ignores the restraining order?
If your spouse or partner continues to harass you, he or she can be arrested. Your partner can be brought before the court, to be released only if the judge is satisfied that he or she isn’t a danger to your safety.
Free legal services are sometimes available
Legal aid is available to some people who cannot afford a lawyer. Call the Legal Services Society at 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.
Other sources of free legal advice include:
Where can you find more information?
[updated September 2008]
Dial-A-Law© is a library of legal information that is available:
- by phone, as recorded scripts, and
- by audio and text, on the CBA BC Branch website.
To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.
© Copyright 1983-2008 Canadian Bar Association, British Columbia |