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Difference between revisions of "My Partner Is Abusing Me and My Kids"
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My Partner Is Abusing Me and My Kids (view source)
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# If you want the abuser to stay away from you, you can ask the police to ask a judge for a "no contact order" to prevent or limit the abuser from having contact with you or your children. Ask the police to give you contact information for a victim services worker. | # If you want the abuser to stay away from you, you can ask the police to ask a judge for a "no contact order" to prevent or limit the abuser from having contact with you or your children. Ask the police to give you contact 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. (See [[Legal Aid Representation]] in Part 2 of this guide for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in family court. (Victims are not usually entitled to representation 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. (See [[Legal Aid Representation]] in Part 2 of this guide for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in family court. (Victims are not usually entitled to representation 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 contact with you 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 above under the heading, | # 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 contact with you 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 above under the heading, "[[I just separated from the other parent of my children]]". | ||
== What happens next? == | == What happens next? == | ||
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===Criminal Court=== | ===Criminal Court=== | ||
If a criminal charge has been laid, the abuser will 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 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 contact with you or your children until the case is completed. For more information on what happens after criminal charges have been laid, see below under the heading, | If a criminal charge has been laid, the abuser will 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 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 contact with you or your children until the case is completed. For more information on what happens after criminal charges have been laid, see below under the heading, "[[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]]". | ||
===Family Court=== | ===Family Court=== | ||
