Family Violence and the Criminal Code - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-27T23:21:02Z

Clicklaw directory link edit

← Older revision		Revision as of 23:21, 27 August 2024
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	\|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]]		\|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\|resourcetype = critical resources ~~and <br/> common questions~~ on		\|resourcetype = critical resources on
	\|link = [https://~~www~~.~~clicklaw~~.bc.ca/~~global/search?k=~~abuse~~%20%26%20family%20violence~~ family violence ~~issues~~]		\|link = [https://family.legalaid.bc.ca/abuse-family-violence Abuse & Family Violence]
	}}		}}

	==The ''Criminal Code''==		==The ''Criminal Code''==

	The federal ''[~~http~~://canlii.ca/t/7vf2 Criminal Code]'' is the main legislation on criminal law. There is no specific crime of family violence in the ''Criminal Code'', but there are many criminal offences that could apply in the context of family violence, including:		The federal ''[https://canlii.ca/t/7vf2 Criminal Code]'' is the main legislation on criminal law. There is no specific crime of family violence in the ''Criminal Code'', but there are many criminal offences that could apply in the context of family violence, including:

	* assault, including common assault, assault with a weapon or causing bodily harm, and aggravated assault,		* assault, including common assault, assault with a weapon or causing bodily harm, and aggravated assault,
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	As part of our criminal justice system the provincial government runs victim services programs. Victim services are available throughout the province to anyone who has been a victim of a crime, and can also provide support to family members and witnesses. You may feel that you need to leave the family home, or you may want to develop a safety plan in case your partner becomes violent again. A victim support worker can help you develop a safety plan or find a place to stay.		As part of our criminal justice system the provincial government runs victim services programs. Victim services are available throughout the province to anyone who has been a victim of a crime, and can also provide support to family members and witnesses. You may feel that you need to leave the family home, or you may want to develop a safety plan in case your partner becomes violent again. A victim support worker can help you develop a safety plan or find a place to stay.

	To get connected with a local victim services organization, call VictimLink BC at 1-800-563-0808 for assistance. [~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~helpmap~~/~~service~~/~~1055~~ VictimLink BC] is a province-wide telephone help available free to people across British Columbia and Yukon 24 hours a day, seven days a week.		To get connected with a local victim services organization, call VictimLink BC at 1-800-563-0808 for assistance. [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLink BC] is a province-wide telephone help available free to people across British Columbia and Yukon 24 hours a day, seven days a week.

	A support worker at VictimLink can either help you by providing:		A support worker at VictimLink can either help you by providing:
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	You should also ask for a copy of your statement and the recognizance that sets out the conditions of the accused person's release. If you have a lawyer helping you with a family law problem, be sure to give them copies of these documents.		You should also ask for a copy of your statement and the recognizance that sets out the conditions of the accused person's release. If you have a lawyer helping you with a family law problem, be sure to give them copies of these documents.

	Depending on the type of charges, you can also use the [https://justice.gov.bc.ca/cso/~~index.do~~ Court Services Online website] to monitor the accused person’s upcoming court dates.		Depending on the type of charges, you can also use the [https://justice.gov.bc.ca/cso/ Court Services Online website] to monitor the accused person’s upcoming court dates.

	You can go to the accused person's court dates, but in cases where there are no-contact conditions or a protection order, it may be better to not attend. Many courthouses are small and not set up to keep complainants and accused persons separate. There may only be one waiting room and a limited number of sheriffs. Another consideration is that many court appearances are often not scheduled for a specific time, so you could be waiting all day to watch a quick adjournment with no new information being provided.		You can go to the accused person's court dates, but in cases where there are no-contact conditions or a protection order, it may be better to not attend. Many courthouses are small and not set up to keep complainants and accused persons separate. There may only be one waiting room and a limited number of sheriffs. Another consideration is that many court appearances are often not scheduled for a specific time, so you could be waiting all day to watch a quick adjournment with no new information being provided.
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	===When charges are not pursued===		===When charges are not pursued===

	There is a good chance that crown counsel or the police will decide not to prosecute the charges against the ~~acccused~~ person. There are many reasons that criminal charges are not pursued, and many of them don't have anything to do with whether the events giving rise to the charges actually happened.		There is a good chance that crown counsel or the police will decide not to prosecute the charges against the accused person. There are many reasons that criminal charges are not pursued, and many of them don't have anything to do with whether the events giving rise to the charges actually happened.

	If you have concerns for your safety, or the safety of your children, it can be a good idea to go to civil court and ask for a protection order under the ''[[Family Law Act]]'', even if the accused person is subject to conditions from the criminal court. Crown counsel may decide not to pursue the charges against the accused person, and if the charges are withdrawn or stayed, any conditions that the accused person was required to follow will also come to an end.		If you have concerns for your safety, or the safety of your children, it can be a good idea to go to civil court and ask for a protection order under the ''[[Family Law Act]]'', even if the accused person is subject to conditions from the criminal court. Crown counsel may decide not to pursue the charges against the accused person, and if the charges are withdrawn or stayed, any conditions that the accused person was required to follow will also come to an end.
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	==Information for accused persons==		==Information for accused persons==

	British Columbia's ''[https://~~www2~~.~~gov.bc.ca/gov/content/justice/criminal-justice/bc-prosecution-service~~/~~crown-counsel-policy-manual~~ Crown Counsel Policy Manual]'' states that incidents of intimate partner violence are a "very serious, prevalent, and complex problem" that require a special response by prosecutors. As a result, if your partner or another person makes a report to the police about family violence, you may be arrested and you could be taken to jail overnight.		British Columbia's ''[https://bit.ly/47UR8SH Crown Counsel Policy Manual]'' states that incidents of intimate partner violence are a "very serious, prevalent, and complex problem" that require a special response by prosecutors. As a result, if your partner or another person makes a report to the police about family violence, you may be arrested and you could be taken to jail overnight.

	If this happens, you will appear before a justice of the peace or a judge for a bail hearing. If you are arrested on a Friday, this may mean that you will spend the weekend in custody, although provincial court judges are usually available by telephone or video link. At the bail hearing, the judge will normally require that you promise to follow certain conditions if you want to be released from custody. If you do not agree to abide by the terms the judge wants, you will not be released and will stay in jail until the hearing of the charges against you.		If this happens, you will appear before a justice of the peace or a judge for a bail hearing. If you are arrested on a Friday, this may mean that you will spend the weekend in custody, although provincial court judges are usually available by telephone or video link. At the bail hearing, the judge will normally require that you promise to follow certain conditions if you want to be released from custody. If you do not agree to abide by the terms the judge wants, you will not be released and will stay in jail until the hearing of the charges against you.
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	==Resources and links==		==Resources and links==
	===Legislation===		===Legislation===
	*''[~~http~~://canlii.ca/t/52zkc Criminal Code]''		*''[https://canlii.ca/t/52zkc Criminal Code]''

	===Resources===		===Resources===
	* ~~BC Prosecution Service's ''~~[https://bit.ly/47UR8SH Crown Counsel Policy Manual]''		* [https://bit.ly/47UR8SH Crown Counsel Policy Manual] from the BC Prosecution Service

	===Links===		===Links===
	* ~~Clicklaw Common Question~~ [https://~~www.clicklaw~~.bc.ca/~~question/commonquestion/1030 "What are my rights after arrest, and what might happen after?"]~~		* [https://legalaid.bc.ca/publications/pub/your-protection For Your Protection: Peace Bonds and Family Law Protection Orders] (booklet) from Legal Aid BC
	* Ministry of Attorney General's Community Safety and Crime Prevention Branch and Legal Aid BC's booklet [https://www.clicklaw.bc.ca/~~resource~~/~~1319 ''~~For Your Protection: Peace Bonds and Family Law Protection Orders'']		* [https://www.womenslegalcentre.ca/publications/seeking-a-peace-bond-bc Seeking a Peace Bond: A Guide] (booklet) from Rise Women's Legal Centre (available in 12 languages)
	* ~~Rise Women's Legal Centre, ''~~[https://www.~~clicklaw.bc~~.ca/~~resource~~/~~5032~~ Seeking a Peace Bond: A Guide]'' (available in 12 languages)

Nate Russell: From staging 2024

2024-01-15T23:12:53Z

From staging 2024

Show changes

Nate Russell at 02:07, 1 August 2019

2019-08-01T02:07:37Z

← Older revision		Revision as of 02:07, 1 August 2019
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	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 ~~(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.		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 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.
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	===Links===		===Links===
	* [~~http~~://www.clicklaw.bc.ca/resource/1317 ~~Applying for a~~ Peace ~~Bond~~ and ~~Filing~~ Assault Charges]		*[https://www.clicklaw.bc.ca/resource/1317 Dial-A-Law Script "Peace Bonds and Assault Charges"]
	* [http://www.clicklaw.bc.ca/resource/1524 Recognizance under ~~section~~ 810 (Peace Bond)]		*[http://www.clicklaw.bc.ca/resource/1524 Justice Education Society's fact sheet "Recognizance under s. 810 (Peace Bond)"]
	* [http://www.clicklaw.bc.ca/question/commonquestion/1030 Clicklaw Common Question: What are my rights after arrest, and what might happen after?]		*[http://www.clicklaw.bc.ca/question/commonquestion/1030 Clicklaw Common Question "What are my rights after arrest, and what might happen after?"]
	* [~~http~~://www.clicklaw.bc.ca/resource/1319 For Your Protection: Peace Bonds and Family Law Protection Orders]		*[https://www.clicklaw.bc.ca/resource/1319 Ministry of Attorney General's Community Safety and Crime Prevention Branch and Legal Services Society's booklet ''For Your Protection: Peace Bonds and Family Law Protection Orders'']

Nate Russell at 19:09, 30 July 2019

2019-07-30T19:09:00Z

← Older revision		Revision as of 19:09, 30 July 2019
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	*a ''discharge'' following trial or a guilty plea (a discharge can be absolute or come with certain conditions, like a probation period, and depending on the type of discharge, there may or may not be a conviction and a criminal record),		*a ''discharge'' following trial or a guilty plea (a discharge can be absolute or come with certain conditions, like a probation period, and depending on the type of discharge, there may or may not be a conviction and a criminal record),
	*a ''suspended sentence'', with conditions, a period of probation, and a criminal conviction,		*a ''suspended sentence'', with conditions, a period of probation, and a criminal conviction,
	*a ''peace bond'' under s. 810 of the ''Criminal Code'', under which the accused will be required to comply with certain conditions, but which is not a criminal conviction and won't give the accused a criminal record, or		*a ''peace bond'' under section 810 of the ''Criminal Code'', under which the accused will be required to comply with certain conditions, but which is not a criminal conviction and won't give the accused a criminal record, or
	*a conviction punished by a fine, jail time, or both a fine and time in jail.		*a conviction punished by a fine, jail time, or both a fine and time in jail.

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	===Links===		===Links===
	* [http://www.clicklaw.bc.ca/resource/1317 Applying for a Peace Bond and Filing Assault Charges]		* [http://www.clicklaw.bc.ca/resource/1317 Applying for a Peace Bond and Filing Assault Charges]
	* [http://www.clicklaw.bc.ca/resource/1524 Recognizance under s. 810 (Peace Bond)]		* [http://www.clicklaw.bc.ca/resource/1524 Recognizance under section 810 (Peace Bond)]
	* [http://www.clicklaw.bc.ca/question/commonquestion/1030 Clicklaw Common Question: What are my rights after arrest, and what might happen after?]		* [http://www.clicklaw.bc.ca/question/commonquestion/1030 Clicklaw Common Question: What are my rights after arrest, and what might happen after?]
	* [http://www.clicklaw.bc.ca/resource/1319 For Your Protection: Peace Bonds and Family Law Protection Orders]		* [http://www.clicklaw.bc.ca/resource/1319 For Your Protection: Peace Bonds and Family Law Protection Orders]

Nate Russell at 21:19, 19 July 2019

2019-07-19T21:19:06Z

← Older revision		Revision as of 21:19, 19 July 2019
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	{{Clicklawbadge		{{Clicklawbadge
	\|resourcetype = critical resources and <br/> common questions on		\|resourcetype = critical resources and <br/> common questions on
	\|link = [~~http~~://www.clicklaw.bc.ca/global/search?f=~~Abuse+~~%26~~+family+violence~~ family violence issues]		\|link = [https://www.clicklaw.bc.ca/global/search?k=abuse%20%26%20family%20violence family violence issues]
	}}		}}

Corinne Shortridge: /* The consequences of criminal charges */

2019-07-03T18:26:23Z

The consequences of criminal charges

← Older revision		Revision as of 18:26, 3 July 2019
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	*a ''stay of proceedings'', when the crown doesn't take the charges to trial and no criminal conviction is entered,		*a ''stay of proceedings'', when the crown doesn't take the charges to trial and no criminal conviction is entered,
	*a ''discharge'' following trial or a guilty plea (a discharge can be absolute or come with certain conditions, like a probation period, and depending on the type of discharge, there may or may not be a conviction and a criminal record),		*a ''discharge'' following trial or a guilty plea (a discharge can be absolute or come with certain conditions, like a probation period, and depending on the type of discharge, there may or may not be a conviction and a criminal record),
	*a ''suspended sentence'', with conditions, a period of probation and a criminal conviction,		*a ''suspended sentence'', with conditions, a period of probation, and a criminal conviction,
	*a ''peace bond'' under s. 810 of the ''Criminal Code'', under which the accused will be required to comply with certain conditions, but which is not a criminal conviction and won't give the accused a criminal record, or		*a ''peace bond'' under s. 810 of the ''Criminal Code'', under which the accused will be required to comply with certain conditions, but which is not a criminal conviction and won't give the accused a criminal record, or
	*a conviction punished by a fine, jail time, or both a fine and time in jail.		*a conviction punished by a fine, jail time, or both a fine and time in jail.

Corinne Shortridge: /* Information for accused persons */

2019-07-03T18:23:50Z

Information for accused persons

← Older revision		Revision as of 18:23, 3 July 2019
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	*not to have <span class="noglossary">contact</span> with your spouse, either directly or indirectly,		*not to have <span class="noglossary">contact</span> with your spouse, either directly or indirectly,
	*not to go to your spouse's home, school or workplace, and		*not to go to your spouse's home, school, or workplace, and
	*to keep the peace and be of good behaviour.		*to keep the peace and be of good behaviour.

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	*'''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 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.		*'''Communication with your spouse:''' Do not talk to the complainant, even if they contact 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 for that breach, as well as the other charges.
	*'''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.		*'''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.

Corinne Shortridge: /* Information for abused persons */

2019-07-03T18:19:23Z

Information for abused persons

← Older revision		Revision as of 18:19, 3 July 2019
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	You should tell the police — and perhaps crown counsel — about all of your concerns with your partner, whether they're about yourself or your children. You should also tell the police about past incidents of family violence, and whether your partner has ever been arrested for similar problems in the past. If your partner is taken into <span class="noglossary">custody</span>, you will want your concerns addressed in the recognizance on which your partner will be released. Among other things, the court can require that your partner:		You should tell the police — and perhaps crown counsel — about all of your concerns with your partner, whether they're about yourself or your children. You should also tell the police about past incidents of family violence, and whether your partner has ever been arrested for similar problems in the past. If your partner is taken into <span class="noglossary">custody</span>, you will want your concerns addressed in the recognizance on which your partner will be released. Among other things, the court can require that your partner:

	*not go to your home, school or workplace,		*not go to your home, school, or workplace,
	*not go to your children's school or daycare,		*not go to your children's school or daycare,
	*not come within a certain distance of your home,		*not come within a certain distance of your home,
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	Sometimes calling the police isn't enough and you may need counselling to help you cope with the violence. In particularly bad situations you may need a safe place to stay with your children until the criminal proceeding can be dealt with.		Sometimes calling the police isn't enough and you may need counselling to help you cope with the violence. In particularly bad situations you may need a safe place to stay with your children until the criminal proceeding can be dealt with.

	Call [http://www.clicklaw.bc.ca/helpmap/service/1055 VictimLink BC] at 1-800-563-0808 for assistance. VictimLink BC is a province-wide telephone help line for victims of family violence, and all other crimes~~. At~~ VictimLink BC a support worker can provide information and referrals to help you deal with the effects of family violence, and arrange for crisis support counselling. VictimLink BC is available free to people across BC and Yukon 24 hours a day, seven days a week.		Call [http://www.clicklaw.bc.ca/helpmap/service/1055 VictimLink BC] at 1-800-563-0808 for assistance. VictimLink BC is a province-wide telephone help line for victims of family violence, and all other crimes at VictimLink BC, a support worker can provide information and referrals to help you deal with the effects of family violence, and arrange for crisis support counselling. VictimLink BC is available free to people across BC and Yukon 24 hours a day, seven days a week.

	You may feel that you need to leave the family home, or you may want to develop a safety plan in case your partner becomes violent again. A victim support worker can help you develop a safety plan or find a place to stay. Again, call VictimLink BC and ask to speak with a victim support worker.		You may feel that you need to leave the family home, or you may want to develop a safety plan in case your partner becomes violent again. A victim support worker can help you develop a safety plan or find a place to stay. Again, call VictimLink BC and ask to speak with a victim support worker.

Fiona Beveridge: /* Resources and Links */

2019-05-09T16:31:49Z

Resources and Links

← Older revision		Revision as of 16:31, 9 May 2019
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	{{REVIEWED \| reviewer = [[~~Gayle Raphanel~~]] and [[Samantha Simpson]], ~~August 5~~, ~~2017~~}}		{{REVIEWED \| reviewer = [[Fiona Beveridge]] and [[Samantha Simpson]], April 30, 2019}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell at 00:36, 24 January 2019

2019-01-24T00:36:23Z

← Older revision		Revision as of 00:36, 24 January 2019
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	{{JP Boyd on Family Law TOC\|expanded = violence}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = violence}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[~~Gayle Raphanel~~]] and [[Samantha Simpson]]		\|ChapterEditors = [[Fiona Beveridge]] and [[Samantha Simpson]]
	}}		}}
	{{Clicklawbadge		{{Clicklawbadge