Difference between revisions of "Introduction to Family Violence"
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The Family Law Act requires the police to enforce protection orders. | The Family Law Act requires the police to enforce protection orders. | ||
Do you need a lawyer to get a protection order? | ==Do you need a lawyer to get a protection order?== | ||
You can apply yourself for a protection order in either the Supreme Court or the Provincial Court, but you may find the paperwork easier in Provincial Court. In the Supreme Court, you will need to prepare a Notice of Family Claim and a Notice of Application or just a Notice of Application if there is already a court proceeding between you and your partner, plus an affidavit describing what has happened and what your concerns are. In the Provincial Court, you will need to prepare an Application to Obtain an order and a Notice of Motion, or just a Notice of Motion if there is already a court proceeding, and you will need to either prepare an affidavit or testify in court about your concerns. | |||
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. | 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. | ||
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Any one can apply for a protection order on behalf of someone who is at risk of family violence. | Any one can apply for a protection order on behalf of someone who is at risk of family violence. | ||
What if the protection order conflicts with another order? | ==What if the protection order conflicts with another order?== | ||
The ''Family Law Act'' says that if a protection order, including orders that are like protection orders made in another province or under the Criminal Code, conflicts with another order made under the Family Law Act, the parts of the other order that conflict with the protection order are suspended. This might happen if there is an older order for parenting time and a newer protection says that the restrained person cannot communicate with the children; the parts of the older order about parenting time would be suspended. | |||
What if your partner ignores the protection order? | ==What if your partner ignores the protection order?== | ||
If your partner continues to harass you, he or she can be arrested. Your partner can be charged with a criminal offence for breaching the protection order and can be brought before the court. Your partner will be released if the judge is satisfied that he or she isn’t a danger to your safety. | |||
Free legal services are sometimes available | ==Free legal services are sometimes available== | ||
Legal aid is available to some people who cannot afford a lawyer if they qualify financially. To find a [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp legal aid location] near you, go to the Legal Services Society (LSS) website at [http://www.legalaid.bc.ca www.legalaid.bc.ca] and under “Legal aid,” click “Legal aid offices”. Or call the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, 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: | Other sources of free legal advice include: | ||
*Supreme Court Self Help Centre in Vancouver, www.supremecourtselfhelp.bc.ca. | |||
*Access Probono at 1.877.762.6664, www.accessprobono.ca. | |||
*Justice Access Center in Vancouver (604.660.2084), Nanaimo (1.800.578.8511) and Victoria (250.356.7012), [http://www.ag.gov.bc.ca/justice-access-centre/ www.ag.gov.bc.ca/justice-access-centre/]. | |||
Where can you find more information? | ==Where can you find more information?== | ||
*Refer to script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges”. | |||
*See the provincial government’s Victim Services website at www.pssg.gov.bc.ca/victimservices. | |||
*Read the booklet Surviving Relationship Violence and Abuse by the Legal Services Society, BC and available free on their website at [http://www.legalaid.bc.ca www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject,” click “Abuse & Family violence”. | |||
*Also see the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca], – under “Your legal issue,” click “[http://www.familylaw.lss.bc.ca/legal_issues/abuse.aspx Abuse]”. | |||