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Difference between revisions of "Victims of Relationship Violence (4:VI)"
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Victims of Relationship Violence (4:VI) (view source)
Revision as of 22:39, 6 December 2022
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Similarly, diversion from the criminal justice system (known as alternative measures) in cases of violence in relationships is generally considered inappropriate. In exceptional circumstances, diversion may be considered, but only if there is no significant physical injury, there is no history of spousal violence, and there is no reason to conclude that there is a significant risk of further offences. The Crown’s policy is that use of alternative measures must not be inconsistent with the protection of society. | Similarly, diversion from the criminal justice system (known as alternative measures) in cases of violence in relationships is generally considered inappropriate. In exceptional circumstances, diversion may be considered, but only if there is no significant physical injury, there is no history of spousal violence, and there is no reason to conclude that there is a significant risk of further offences. The Crown’s policy is that use of alternative measures must not be inconsistent with the protection of society. | ||
== B. Court Orders == | == B. Court Orders == | ||
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A breach of the Peace Bond is a punishable crime, with a maximum penalty of $5 000 and/or six months in jail on summary conviction, or incarceration for up to four years on indictment. The actual Peace Bond, however, is not considered a criminal charge. | A breach of the Peace Bond is a punishable crime, with a maximum penalty of $5 000 and/or six months in jail on summary conviction, or incarceration for up to four years on indictment. The actual Peace Bond, however, is not considered a criminal charge. | ||
=== 2. Civil or Family Court Orders === | === 2. Civil or Family Court Orders === | ||
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This order is only available from the BC Supreme Court. It gives the victim the legal right to occupy the home exclusive of the other party, or to possess and use specified personal property stored at the family residence, including to the exclusion of the other party. The victim and the other party must be spouses, meaning they must be married or have been living in a marriage-like relationship and have done so for a continuous period of at least two years, or have a child together. This order lasts as long as they '''both''' have a legal right to be on the property. A court does not have jurisdiction to grant this order where the family home is situated on an Indian reserve. | This order is only available from the BC Supreme Court. It gives the victim the legal right to occupy the home exclusive of the other party, or to possess and use specified personal property stored at the family residence, including to the exclusion of the other party. The victim and the other party must be spouses, meaning they must be married or have been living in a marriage-like relationship and have done so for a continuous period of at least two years, or have a child together. This order lasts as long as they '''both''' have a legal right to be on the property. A court does not have jurisdiction to grant this order where the family home is situated on an Indian reserve. | ||
== C. A Note on Services That May Be Harmful to Victims' Interests == | == C. A Note on Services That May Be Harmful to Victims' Interests == | ||
