My Partner Is Abusing Me and My Kids - Revision history

Nate Russell at 23:40, 7 March 2019

2019-03-07T23:40:42Z

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	\| text = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. ''[[JP Boyd on Family Law]]'' has extensive, updated coverage of [[Family Violence]]. <br>		\| text = '''Alert:''' Extensive changes to family law in British Columbia came into effect on March 18, 2013. ''[[JP Boyd on Family Law]]'' has extensive, updated coverage of [[Family Violence Overview\|Family Violence]]. <br>
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Desy Wahyuni: Desy moved page My partner is abusing me and my kids to My Partner Is Abusing Me and My Kids

2017-05-02T04:31:39Z

Desy moved page My partner is abusing me and my kids to My Partner Is Abusing Me and My Kids

← Older revision	Revision as of 04:31, 2 May 2017
(No difference)

Nate Russell: /* Where to get help */

2017-03-28T23:32:42Z

Where to get help

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	Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.		Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.

	{{REVIEWED \| reviewer = [[~~Annie Kaderly~~]], March ~~2013~~}}		{{REVIEWED \| reviewer = [[Stephen Wright]], March 2017}}

	{{Template:Legal Help Guide Navbox\|type=problems}}		{{Template:Legal Help Guide Navbox\|type=problems}}

	{{Creative Commons for Legal Help Guide}}		{{Creative Commons for Legal Help Guide}}

Nate Russell: /* Family Court */

2017-03-28T23:31:12Z

Family Court

← Older revision		Revision as of 23:31, 28 March 2017
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	===Family Court===		===Family Court===

	If you have completed an [~~http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf~~ Application to Obtain an Order] and asked the judge for a "without notice" order (~~an immediate~~ court appearance without the abuser ~~in attendance~~), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make ~~the order until~~ a ~~court date in the future~~. ~~Be aware that after~~ the without notice ~~order~~ is ~~pronounced~~, the Family Court <span class="noglossary">will</span> send a copy to ~~your ex~~.		If you have completed an [[PCFR Form 1 Application to Obtain an Order\|Application to Obtain an Order]] and a [[PCFR Form 16 Notice of Motion\|Notice of Motion]] in Provincial Court, and asked the judge for a "without notice" order (a court appearance without the abuser being there), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make a (called a [[PCFR Form 25 Protection Order\|Protection Order]]) valid for up to a year (but not longer). After the without notice Protection Order is made, the Family Court <span class="noglossary">will</span> send a copy to the abuser. Service of the judge's Protection Order will be handled for you, without cost to you.

	== Where to get help ==		== Where to get help ==

Nate Russell: /* First steps */

2017-03-28T23:07:53Z

First steps

← Older revision		Revision as of 23:07, 28 March 2017
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	#Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. To find a local transition house, try a Google search for "<tt>transition house</tt>" plus your community — e.g., "<tt>transition house victoria bc</tt>." Alternatively, look in the Yellow Pages under "Crisis Centres," or contact [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.		#Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. To find a local transition house, try a Google search for "<tt>transition house</tt>" plus your community — e.g., "<tt>transition house victoria bc</tt>." Alternatively, look in the Yellow Pages under "Crisis Centres," or contact [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.
	#Consider whether you need a ''safety plan''. A safety plan outlines steps you can take to protect yourself and your children. Having a safety plan means you know how to get help if your partner is abusing you. It is a good idea to ask a friend, advocate, or victim service worker to help you make a safety plan. For information on making a safety plan, see "[http://www.clicklaw.bc.ca/resource/2411 Live Safe — End Abuse: Safety Planning]."		#Consider whether you need a ''safety plan''. A safety plan outlines steps you can take to protect yourself and your children. Having a safety plan means you know how to get help if your partner is abusing you. It is a good idea to ask a friend, advocate, or victim service worker to help you make a safety plan. For information on making a safety plan, see "[http://www.clicklaw.bc.ca/resource/2411 Live Safe — End Abuse: Safety Planning]."
	#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having ~~<span class="noglossary">~~contact~~</span>~~ with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.		#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having contact with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.
	#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.		#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.
	#You or your lawyer can make an application to the Family Court or BC Supreme Court for an order preventing or limiting the abuser from having <span class="noglossary">contact</span> with you and/or your children. You can take this step instead of or in addition to reporting the abuse to the police. Follow the process described under "[[I just separated from the other parent of my children]]" in this Guide.		#You or your lawyer can make an application to the Family Court or BC Supreme Court for an order preventing or limiting the abuser from having <span class="noglossary">contact</span> with you and/or your children. You can take this step instead of or in addition to reporting the abuse to the police. Follow the process described under "[[I just separated from the other parent of my children]]" in this Guide.

Drew Jackson at 20:28, 4 June 2013

2013-06-04T20:28:43Z

← Older revision		Revision as of 20:28, 4 June 2013
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	== First steps ==		== First steps ==
	#~~Make sure~~ that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. ~~(Look~~ in the Yellow Pages under "Crisis Centres" or ~~call~~ [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.)		#Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. To find a local transition house, try a Google search for "<tt>transition house</tt>" plus your community — e.g., "<tt>transition house victoria bc</tt>." Alternatively, look in the Yellow Pages under "Crisis Centres," or contact [[VictimLINK]]. The local police station can also give you information about transition houses and other victim services.
			#Consider whether you need a ''safety plan''. A safety plan outlines steps you can take to protect yourself and your children. Having a safety plan means you know how to get help if your partner is abusing you. It is a good idea to ask a friend, advocate, or victim service worker to help you make a safety plan. For information on making a safety plan, see "[http://www.clicklaw.bc.ca/resource/2411 Live Safe — End Abuse: Safety Planning]."
	#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having <span class="noglossary">contact</span> with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.		#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having <span class="noglossary">contact</span> with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.
	#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.		#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.

Drew Jackson at 20:33, 24 May 2013

2013-05-24T20:33:40Z

← Older revision		Revision as of 20:33, 24 May 2013
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	===Family Court===		===Family Court===

	If you have completed an [http://~~bit~~.ly/~~yoabyq~~ Application to Obtain an Order] and asked the judge for a "without notice" order (an immediate court appearance without the abuser in attendance), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make the order until a court date in the future. Be aware that after the without notice order is pronounced, the Family Court <span class="noglossary">will</span> send a copy to your ex.		If you have completed an [http://www.ag.gov.bc.ca/courts/forms/pfa/pfa003.pdf Application to Obtain an Order] and asked the judge for a "without notice" order (an immediate court appearance without the abuser in attendance), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make the order until a court date in the future. Be aware that after the without notice order is pronounced, the Family Court <span class="noglossary">will</span> send a copy to your ex.

	== Where to get help ==		== Where to get help ==

Drew Jackson: /* First steps */

2013-05-11T00:14:17Z

First steps

← Older revision		Revision as of 00:14, 11 May 2013
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	#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having <span class="noglossary">contact</span> with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.		#If the abuse involves physical or sexual violence, consider reporting it to the police. Staff at local transition houses and victim services groups can support you in doing this. If you want the abuser to stay away from you, you can ask the police to ask a judge for a <span class="noglossary">''no contact order''</span> to prevent or limit the abuser from having <span class="noglossary">contact</span> with you or your children. Ask the police to give you <span class="noglossary">contact</span> information for a victim services worker.
	#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.		#If you need a lawyer but cannot afford one on your own, see if you qualify for [[Legal Aid Representation\|legal aid <span class="noglossary">representation</span>]]. If you qualify, the Legal Services Society <span class="noglossary">will</span> appoint a lawyer to advise you and represent you in Family Court. Victims are not usually entitled to <span class="noglossary">representation</span> by lawyers in criminal court.
	#~~If you have been in a relationship with the abuser, you~~ or your lawyer can make an application to the Family Court or BC Supreme Court for an order preventing or limiting the abuser from having <span class="noglossary">contact</span> with you and/or your children. You can take this step instead of or in addition to reporting the abuse to the police. ~~If you are acting on your own, follow~~ the process described under "[[I just separated from the other parent of my children]]" in this Guide.		#You or your lawyer can make an application to the Family Court or BC Supreme Court for an order preventing or limiting the abuser from having <span class="noglossary">contact</span> with you and/or your children. You can take this step instead of or in addition to reporting the abuse to the police. Follow the process described under "[[I just separated from the other parent of my children]]" in this Guide.

	== What happens next ==		== What happens next ==

Drew Jackson: /* Family Court */

2013-04-16T05:15:18Z

Family Court

← Older revision		Revision as of 05:15, 16 April 2013
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	===Family Court===		===Family Court===

	If you have completed an [http://bit.ly/yoabyq ''Application to Obtain an Order''] and asked the judge for a "without notice" order (an immediate court appearance without the abuser in attendance), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make the order until a court date in the future. Be aware that after the without notice order is pronounced, the Family Court <span class="noglossary">will</span> send a copy to your ex.		If you have completed an [http://bit.ly/yoabyq Application to Obtain an Order] and asked the judge for a "without notice" order (an immediate court appearance without the abuser in attendance), you <span class="noglossary">will</span> be given a time and date to be in court. At court, the judge <span class="noglossary">will</span> ask you why you want no <span class="noglossary">contact</span> from the abuser. If the judge agrees with you, he or she <span class="noglossary">will</span> make the order until a court date in the future. Be aware that after the without notice order is pronounced, the Family Court <span class="noglossary">will</span> send a copy to your ex.

	== Where to get help ==		== Where to get help ==

Drew Jackson: /* Criminal Court */

2013-04-16T05:14:57Z

Criminal Court

← Older revision		Revision as of 05:14, 16 April 2013
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	===Criminal Court===		===Criminal Court===

	If a criminal charge has been laid, the abuser <span class="noglossary">will</span> be given a date to appear in Provincial Criminal Court. At this ''first appearance'', the abuser (called "the accused" in court) can ask for a copy of both the charge and the report from the police to the '''Crown Counsel'''. (The Crown Counsel is the lawyer who prosecutes the case against the abuser on behalf of the government.) You do not need to have your own lawyer in Criminal Court. You are considered a witness and you should speak with the Crown Counsel before court so they know whether or not you want the judge to order that the accused can have <span class="noglossary">contact</span> with you or your children until the case is completed. For more information on what happens after criminal charges have been laid, see "[[I've been charged with a criminal (or youth) offence and have to go to court\|I've been charged with a criminal offence and have to go to court]]" in this Guide.		If a criminal charge has been laid, the abuser <span class="noglossary">will</span> be given a date to appear in Provincial Criminal Court. At this ''first appearance'', the abuser (called "the accused" in court) can ask for a copy of both the charge and the report from the police to the ''Crown Counsel''. (The Crown Counsel is the lawyer who prosecutes the case against the abuser on behalf of the government.) You do not need to have your own lawyer in Criminal Court. You are considered a witness and you should speak with the Crown Counsel before court so they know whether or not you want the judge to order that the accused can have <span class="noglossary">contact</span> with you or your children until the case is completed. For more information on what happens after criminal charges have been laid, see "[[I've been charged with a criminal (or youth) offence and have to go to court\|I've been charged with a criminal offence and have to go to court]]" in this Guide.

	===Family Court===		===Family Court===