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Difference between revisions of "Introduction to Family Violence"
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Introduction to Family Violence (view source)
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{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, | {{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, KC], Boyd Arbitration Chambers; [https://duncanallenlaw.com/team_member/tannis-baradziej/ Tannis Baradziej], Duncan Allen Law LLP; and Manjeet Chana, People's Law School|date= December 2021}} {{Dial-A-Law TOC|expanded = relationships}} | ||
If you or someone you know is a victim of | If you or someone you know is a victim of family violence, there is help. You can get in touch with the police, community workers, the court system, or all of these resources as needed. Learn steps you can take to stay safe and protect yourself and your family. | ||
{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Alert!''' | |align="left"|'''Alert!''' | ||
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021. | This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021. | ||
|} | |} | ||
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===Family violence is abusive, controlling behavior=== | ===Family violence is abusive, controlling behavior=== | ||
'''Family violence''' is any kind of abusive behavior used to get power and control over a family member. It can happen during a relationship or after it ends. | '''Family violence''' is any kind of abusive behavior used to get power and control over a family member. It can be intentional or unintentional and can happen during a relationship or after it ends. | ||
Family violence includes physical abuse (such as hitting a partner or child). It also includes: | Family violence includes physical abuse (such as hitting a partner or child). It also includes: | ||
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In a moment, we highlight key community services that can help. | In a moment, we highlight key community services that can help. | ||
===If you aren’t in immediate danger=== | ====If you aren’t in immediate danger==== | ||
If you aren’t in immediate danger, you may still be afraid for your safety, and at the same time afraid to leave the relationship. There may be many different reasons for this. You may be: | If you aren’t in immediate danger, you may still be afraid for your safety, and at the same time afraid to leave the relationship. There may be many different reasons for this. You may be: | ||
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'''Battered Women’s Support Services''' offers crisis support and counselling. Contact them if you’ve been abused in an intimate relationship. Call 604-687-1867 (Lower Mainland) or 1-855-867-1868 (toll-free in BC), or [https://www.bwss.org/ visit their website]. | '''Battered Women’s Support Services''' offers crisis support and counselling. Contact them if you’ve been abused in an intimate relationship. Call 604-687-1867 (Lower Mainland) or 1-855-867-1868 (toll-free in BC), or [https://www.bwss.org/ visit their website]. | ||
'''Vancouver & Lower Mainland Multicultural Family Support Services''' offers counselling for victims of family violence and also for children who witness abuse. | '''Vancouver & Lower Mainland Multicultural Family Support Services''' offers counselling for victims of family violence and also for children who witness abuse. Translators are available for police or court interviews. Call 1-888-436-1025 (toll-free) or [http://www.vlmfss.ca/ visit their website]. | ||
'''BC Society of Transition Houses''' offers safe temporary shelter for women and children fleeing family violence. You can stay up to 30 days. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Call 604-669-6943 (Lower Mainland) or 1-800-661-1040 (toll-free in BC), or [http://www.bcsth.ca/ visit their website]. | '''BC Society of Transition Houses''' offers safe temporary shelter for women and children fleeing family violence. You can stay up to 30 days. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Call 604-669-6943 (Lower Mainland) or 1-800-661-1040 (toll-free in BC), or [http://www.bcsth.ca/ visit their website]. | ||
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If your partner is found guilty of assaulting or threatening you, they’ll be sentenced. If they have no prior criminal record, they may not go to jail. Instead, they might be given a fine, or placed on probation with conditions such as to have no contact with you or to attend counselling. | If your partner is found guilty of assaulting or threatening you, they’ll be sentenced. If they have no prior criminal record, they may not go to jail. Instead, they might be given a fine, or placed on probation with conditions such as to have no contact with you or to attend counselling. | ||
===You can get a court order to protect yourself=== | ====You can get a court order to protect yourself==== | ||
You can get a court order to protect yourself and your family from family violence. You can apply for a criminal law '''peace bond''' or a family law '''protection order''' — or both. | You can get a court order to protect yourself and your family from family violence. You can apply for a criminal law '''peace bond''' or a family law '''protection order''' — or both. | ||
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You apply for a peace bond before a justice of the peace in criminal court. Or, if you’re already in the middle of a criminal court process, your partner may agree to enter into a peace bond voluntarily — in exchange for Crown counsel dropping any criminal charges against them. The deal will come with certain conditions. Your partner agrees to “keep the peace” and, typically, not contact you for a certain length of time. | You apply for a peace bond before a justice of the peace in criminal court. Or, if you’re already in the middle of a criminal court process, your partner may agree to enter into a peace bond voluntarily — in exchange for Crown counsel dropping any criminal charges against them. The deal will come with certain conditions. Your partner agrees to “keep the peace” and, typically, not contact you for a certain length of time. | ||
If your partner follows the peace bond conditions, your partner will avoid getting a criminal record. If they don’t, they can be sent to trial. There, they’ll have to deal with the ''original'' criminal charge plus a new charge for not following the peace bond. [ | If your partner follows the peace bond conditions, your partner will avoid getting a criminal record. If they don’t, they can be sent to trial. There, they’ll have to deal with the ''original'' criminal charge plus a new charge for not following the peace bond. [https://dialalaw.peopleslawschool.ca/peace-bonds/ See our information on peace bonds] for more on this process. | ||
====Family law protection orders==== | ====Family law protection orders==== | ||
A '''protection order''' is another option to help you stay safe. It’s typically quicker and easier to get than a peace bond. (In Provincial Court, you may be able to get one on the same day.) You apply for this order under the BC ''Family Law Act''. It can set out conditions your partner must follow. These might include: | A '''protection order''' is another option to help you stay safe. It’s typically quicker and easier to get than a peace bond. (In Provincial Court, you may be able to get one on the same day.) You apply for this order under the BC ''Family Law Act''. It can set out conditions your partner must follow. These might include: | ||
* how much, if any, contact they can have with you (and sometimes how they can communicate with you) | * how much, if any, contact they can have with you (and sometimes how they can communicate with you) | ||
* not going to your home, school, or workplace | * not going to your home, school, or workplace | ||
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A protection order can also require the police to: | A protection order can also require the police to: | ||
* remove your partner from the home | * remove your partner from the home | ||
* escort them while they gather up their belongings | * escort them while they gather up their belongings | ||
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Anyone at risk of family violence can apply for a family law protection order. You can apply on your own, or a lawyer can help you. | Anyone at risk of family violence can apply for a family law protection order. You can apply on your own, or a lawyer can help you. | ||
If you’re afraid for your safety, you can apply for a protection order without having to notify your partner. You can apply in either BC Supreme Court or Provincial Court (which is sometimes called Family Court). In Family Court, there are no filing fees, and you may find the paperwork easier. On the other hand, if | If you’re afraid for your safety, you can apply for a protection order without having to notify your partner. You can apply in either BC Supreme Court or Provincial Court (which is sometimes called Family Court). In Family Court, there are no filing fees, and you may find the paperwork easier. On the other hand, if you also want to ask for a divorce or division of property, it might be more efficient to apply in Supreme Court. (Only BC Supreme Court can make decisions about division of property and divorce.) | ||
In either court, along with your request for protection, you’ll need to file an '''affidavit'''. In it, you describe what happened and what your concerns are. (This is a legal document; you must tell the truth.) | In either court, along with your request for protection, you’ll need to file an '''affidavit'''. In it, you describe what happened and what your concerns are. (This is a legal document; you must tell the truth.) | ||
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If you get a protection order (or even a ''Criminal Code'' order), and there’s already a parenting order in place that says something different, a few things will change. The parts of the parenting order that conflict with the protection order are suspended. For example, say there’s an existing order about parenting time. But the new protection order forbids all contact with the children. This new order trumps the old one. No time with the children will be allowed. | If you get a protection order (or even a ''Criminal Code'' order), and there’s already a parenting order in place that says something different, a few things will change. The parts of the parenting order that conflict with the protection order are suspended. For example, say there’s an existing order about parenting time. But the new protection order forbids all contact with the children. This new order trumps the old one. No time with the children will be allowed. | ||
===What if my partner pressures me to drop the criminal charges?=== | ===What if my partner pressures me to drop the criminal charges?=== | ||
It’s not up to you to drop the charges. You didn’t even lay the charges against your partner in the first place — Crown counsel did. If your partner pressures you to drop the charges — or tries to contact you — you can report them to the police or Crown counsel. | It’s not up to you to drop the charges. You didn’t even lay the charges against your partner in the first place — Crown counsel did. If your partner pressures you to drop the charges — or tries to contact you — you can report them to the police or Crown counsel. | ||
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==Who can help== | ==Who can help== | ||
===Free and low-cost legal help=== | ===Free and low-cost legal help=== | ||
'''Legal Aid BC''' provides free legal help to people who can’t afford a lawyer. This is important: when you apply, tell them if you’re in crisis and fear violence from your partner. | '''Legal Aid BC''' provides free legal help to people who can’t afford a lawyer. This is important: when you apply, tell them if you’re in crisis and fear violence from your partner. | ||
:Call 604-408-2172 (in the Lower Mainland) | |||
:Call 1-866-577-2525 (toll-free) | |||
:[https://legalaid.bc.ca/general/provincialCallCentre Visit website] | |||
Other options for free legal help include pro bono services, legal clinics, and advocates. [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ See our information on free and low-cost legal help]. | |||
Other options for free legal help include pro bono services, legal clinics, and advocates. [ | |||
The BC government’s '''Victim Services Directory''' provides contact information for service providers across BC that assist women and children impacted by violence. | The BC government’s '''Victim Services Directory''' provides contact information for service providers across BC that assist women and children impacted by violence. | ||
:[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-services-directory Visit website] | |||
===With more information=== | ===With more information=== | ||
Legal Aid BC’s '''Family Law in BC website''' includes extensive information on family violence. | Legal Aid BC’s '''Family Law in BC website''' includes extensive information on family violence. | ||
:[https://family.legalaid.bc.ca/abuse-family-violence Visit website] | |||
Clicklaw’s ''JP Boyd on Family Law'' wikibook also has a lot of information about family violence. | Clicklaw’s ''JP Boyd on Family Law'' wikibook also has a lot of information about family violence. | ||
:[[Family_Violence_Overview|Visit website]] | |||
{{Dial-A-Law_Navbox|type=families}} | {{Dial-A-Law_Navbox|type=families}} | ||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
