Anonymous

Difference between revisions of "Family Violence and the Criminal Code"

From Clicklaw Wikibooks
no edit summary
Line 23: Line 23:
In <span class="noglossary">order</span> for any of these charges to be laid, a complaint must be made to the police. Normally, this takes the form of an emergency 911 call. The police will come to your home and interview you and anyone else who witnessed the event.
In <span class="noglossary">order</span> for any of these charges to be laid, a complaint must be made to the police. Normally, this takes the form of an emergency 911 call. The police will come to your home and interview you and anyone else who witnessed the event.


After the police have conducted their investigation, the lead officer prepares a document called a ''Report to Crown Counsel'' and sends it to crown counsel, which is the lawyer for the government. Among other things, the Report to Crown Counsel describes witnesses' statements and recommends if charges should be laid. Crown counsel then decides whether there is enough evidence to lay charges. If they think there is enough evidence, crown counsel will approve the charges and the matter will be set for a hearing before a judge.
After the police have conducted their investigation, the lead officer prepares a document called a ''Report to Crown Counsel'' and sends it to crown counsel (the lawyer for the government). Among other things, the Report to Crown Counsel describes witnesses' statements and recommends if charges should be laid. Crown counsel then decides whether there is enough evidence to lay charges. If they think there is enough evidence, crown counsel will approve the charges and the matter will be set for a hearing before a judge.


==Information for abused persons==
==Information for abused persons==


If you have suffered family violence, call the police; nothing will happen until you do. If there is evidence of abuse, the police can arrest your partner and may take him or her into <span class="noglossary">custody</span>. To find out more about what the police can do, you may wish to read [http://clicklaw.bc.ca/resource/2412 Getting Help from the Police or RCMP] and
If you have suffered family violence, call the police. Nothing will happen until you do. If there is evidence of abuse, the police can arrest your partner and may take them into <span class="noglossary">custody</span>. To find out more about what the police can do, you may wish to read [http://clicklaw.bc.ca/resource/2412 Getting Help from the Police or RCMP] and
[http://clicklaw.bc.ca/resource/2237 Surviving Relationship Violence and Abuse]. If your partner is taken into <span class="noglossary">custody</span>, he or she will stay there until a judge is able to speak to him or her. Most of the time, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearing, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in a document called a ''recognizance'' or an ''undertaking''.
[http://clicklaw.bc.ca/resource/2237 Surviving Relationship Violence and Abuse]. If your partner is taken into <span class="noglossary">custody</span>, they will stay there until a judge is able to speak to them. Most of the time, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearing, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in a document called a ''recognizance'' or an ''undertaking''.


It's important that you call the police right away, or at least fairly soon after the violence. The police will sometimes refuse to take <span class="noglossary">action</span> against your partner on the ground that the complaint was made out of malice or a desire for revenge because of the breakdown of the relationship.
It's important that you call the police right away, or at least fairly soon after the violence. The police will sometimes refuse to take <span class="noglossary">action</span> against your partner on the ground that the complaint was made out of malice or a desire for revenge because of the breakdown of the relationship.
Line 44: Line 44:
===Breaching the recognizance===
===Breaching the recognizance===


If your partner doesn't follow the terms of his or her recognizance or undertaking, call the police. They won't be aware that there's a further problem unless you let them know.
If your partner doesn't follow the terms of their recognizance or undertaking, call the police. They won't be aware that there's a further problem unless you let them know.


===Call VictimLink===
===Call VictimLink===
Line 56: Line 56:
===Getting back together===
===Getting back together===


You must speak to crown counsel if you want to get back together with your partner, or if you want to <span class="noglossary">contact</span> him or her, or stop the criminal process. You cannot change the terms of your partner's recognizance or drop the charges yourself. Only crown counsel can do that. If you <span class="noglossary">contact</span> your partner, you could be making matters worse since you'll be inviting him or her to break the terms of the recognizance, which might result in further criminal charges against your spouse.
You must speak to crown counsel if you want to get back together with your partner, or if you want to <span class="noglossary">contact</span> them, or stop the criminal process. You cannot change the terms of your partner's recognizance or drop the charges yourself. Only crown counsel can do that. If you <span class="noglossary">contact</span> your partner, you could be making matters worse since you'll be inviting them to break the terms of the recognizance, which might result in further criminal charges against your spouse.


==Information for accused persons==
==Information for accused persons==
Line 78: Line 78:
You have a right to <span class="noglossary">contact</span> a lawyer when you are arrested. Most importantly, you have a right to have a lawyer represent you at your bail hearing. Call one. If family law proceedings have already started in civil court, make sure that the lawyer is aware of the fact, especially if you have children.
You have a right to <span class="noglossary">contact</span> a lawyer when you are arrested. Most importantly, you have a right to have a lawyer represent you at your bail hearing. Call one. If family law proceedings have already started in civil court, make sure that the lawyer is aware of the fact, especially if you have children.


Whether you're able to get a lawyer or not, make sure you speak to duty counsel before your bail hearing. Duty counsel are lawyers paid by the [http://www.lss.bc.ca Legal Services Society] to give advice and limited help to people who have been arrested and do not have legal representation. Usually, duty counsel will try to speak to everyone who has been arrested before the bail hearing. However, if the number of people stuck in cells is high, you may not have that much time with him or her.
Whether you're able to get a lawyer or not, make sure you speak to duty counsel before your bail hearing. Duty counsel are lawyers paid by the [http://www.lss.bc.ca Legal Services Society (legal aid)] to give advice and limited help to people who have been arrested and do not have legal representation. Usually, duty counsel will try to speak to everyone who has been arrested before the bail hearing. However, if the number of people stuck in cells is high, you may not have that much time with them.


You will doubtless want to ensure that the terms of your recognizance are fair, not too restrictive, and don't interfere with your ability to see your children or go to work.
You will doubtless want to ensure that the terms of your recognizance are fair, not too restrictive, and don't interfere with your ability to see your children or go to work.
Line 86: Line 86:
===Getting back together===
===Getting back together===


Often a couple will want to get back together or even just want to talk about things after an arrest has been made. Sometimes the complainant will want to "drop the charges." A couple of points need to be mentioned:
Often a couple will want to get back together or even just want to talk about things after an arrest has been made. Sometimes the complainant will want to ''drop the charges''. A couple of points need to be mentioned:


*'''Dropping the charges:''' Criminal charges are laid by crown counsel, not by the complainant. The complainant cannot "drop the charges." Only the crown can do that.
*'''Dropping the charges:''' Criminal charges are laid by crown counsel, not by the complainant. The complainant cannot drop the charges. Only the crown can do that.
*'''Communication with your spouse:''' Do not talk to the complainant, even if he or she contacts you, if your recognizance does not allow you to communicate with him or her. No matter who initiates the <span class="noglossary">contact</span>, communicating with the complainant is still a breach of the terms of your recognizance and you may face criminal charges from that breach, as well as the other charges.
*'''Communication with your spouse:''' Do not talk to the complainant, even if they contacts you, if your recognizance does not allow you to communicate with them. No matter who initiates the <span class="noglossary">contact</span>, communicating with the complainant is still a breach of the terms of your recognizance and you may face criminal charges from that breach, as well as the other charges.
*'''Reconciliation:''' If the complainant truly wishes to get back together with you, he or she must talk to crown counsel and ask that the terms of your recognizance be changed to allow you to communicate with each other or share the same residence. There must be a hearing to vary the terms of the recognizance before those terms will be officially changed.
*'''Reconciliation:''' If the complainant truly wishes to get back together with you, they must talk to crown counsel and ask that the terms of your recognizance be changed to allow you to communicate with each other or share the same residence. There must be a hearing to vary the terms of the recognizance before those terms will be officially changed.


==The consequences of criminal charges==
==The consequences of criminal charges==