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Difference between revisions of "Introduction to Family Violence"
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Introduction to Family Violence (view source)
Revision as of 04:57, 3 October 2020
, 04:57, 3 October 2020→Applying for a protection order
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====If your partner pressures you to drop criminal charges==== | ====If your partner pressures you to drop criminal charges==== | ||
If your partner is charged, they may pressure you to get the charge dropped. This may not be possible, because it is Crown counsel who lays the charge against your partner, not you. You should report any pressure or contact from your partner to the police. | |||
===If there is a criminal trial=== | |||
If your partner is charged with a criminal offence, they might decide to '''plead guilty''' to the charge. A guilty plea means they accept responsibility for the offence. If they choose not to plead guilty, a '''trial''' will be held. | If your partner is charged with a criminal offence, they might decide to '''plead guilty''' to the charge. A guilty plea means they accept responsibility for the offence. If they choose not to plead guilty, a '''trial''' will be held. | ||
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This involves your partner agreeing to keep the peace and obey certain conditions — for example, not contacting you for a certain time. If your partner obeys the conditions, they won’t have a criminal record. If your partner doesn’t obey the conditions, they can be sent to trial on the original criminal charge plus a new charge for breaching the peace bond. [[Peace Bonds and Assault Charges|See our information on peace bonds for more on this process]]. | This involves your partner agreeing to keep the peace and obey certain conditions — for example, not contacting you for a certain time. If your partner obeys the conditions, they won’t have a criminal record. If your partner doesn’t obey the conditions, they can be sent to trial on the original criminal charge plus a new charge for breaching the peace bond. [[Peace Bonds and Assault Charges|See our information on peace bonds for more on this process]]. | ||
===You may seek a protection order in family court=== | |||
Another option to protect you from family violence is for you to apply to family court for a '''protection order''' [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec183_smooth under the BC ''Family Law Act'']. A protection order can restrain your partner: | Another option to protect you from family violence is for you to apply to family court for a '''protection order''' [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#sec183_smooth under the BC ''Family Law Act'']. A protection order can restrain your partner: | ||
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A protection order can also require your partner to report to the court. | A protection order can also require your partner to report to the court. | ||
===Applying for a protection order=== | |||
You can apply yourself for a protection order under the ''Family Law Act'', or you can get help from a lawyer. You can apply in either the Supreme Court or the Provincial Court. You may find the paperwork easier in Provincial Court. | You can apply yourself for a protection order under the ''Family Law Act'', or you can get help from a lawyer. You can apply in either the Supreme Court or the Provincial Court. You may find the paperwork easier in Provincial Court. | ||