Difference between revisions of "Victims of Relationship Violence (4:VI)"

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(LSLAP Clinician 2017 update: minor edits & link updates)
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== A. BC Government Policy ==
== A. BC Government Policy ==


The BC Government has developed a policy for police, crown, corrections, child welfare workers and other service providers who deal with people experiencing violence in relationships.  ''This is the Violence Against Women in Relationships Policy'' (See section I.A.2).  The Policy can be accessed online [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/info-resources/vawir.pdf here].
The BC Government has developed a policy for police, crown, corrections, child welfare workers and other service providers who deal with people experiencing violence in relationships.  ''This is the Violence Against Women in Relationships Policy'' (See section II.2).  The Policy can be accessed online [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/info-resources/vawir.pdf here].


=== 1. Arrest and Charge ===
=== 1. Arrest and Charge ===
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If the officer exercises his or her discretion and does not recommend a charge, the decision should be documented on the case file and affirmed by the supervisor.
If the officer exercises his or her discretion and does not recommend a charge, the decision should be documented on the case file and affirmed by the supervisor.
 
 
Police are also supposed to refer victims to victim services and arrange safe transportation to transition homes or safe shelters.  In power-based crimes, such as sexual assault, police should refer to a community-based victim services worker or program, rather than a police-based victim services program, if the program exists in the community.  Not all communities in British Columbia have a community-based victim service program.  Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.  
Police should also refer victims to victim services and arrange safe transportation to transition homes or safe shelters.  In power-based crimes, such as sexual assault, police should refer to a community-based victim services worker or program, rather than a police-based victim services program, if the program exists in the community.  Not all communities in British Columbia have a community-based victim service program.  Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.  


=== 2. Requirements of Offender Diversion ===
=== 2. Requirements of Offender Diversion ===
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==== a) Protection Orders (FLA Part 9) ====
==== a) Protection Orders (FLA Part 9) ====


A protection order limits contact and communication between family members where there is a safety risk.  It is designed to protect “at-risk family members,” defined as people whose safety and security is or is likely at risk from family violence carried out by a family member.  An application for a protection order may be made by a person claiming to be an at-risk family member, by a person on behalf of an at-risk family member, or on the court’s own initiative.  A protection order may restrain a family member from contacting or communicating with an at-risk family member and from attending at or entering a place regularly attended by the at-risk family member (FLA, s 183).  An application for a protection order may be made without notice, but in this case the court may set aside the order or change it in some respect on application by the party against whom the order is made (FLA, s 186).  Unless otherwise stated, a protection order expires one year after the date it is made.  Breach of a protection order under the FLA is a criminal offence.  
A protection order limits contact and communication between family members where there is a safety risk.  It is designed to protect “at-risk family members,” defined as people whose safety and security is or is likely at risk from family violence carried out by a family member.  An application for a protection order may be made by a person claiming to be an at-risk family member, by a person on behalf of an at-risk family member, or on the court’s own initiative.  A protection order may restrain a family member from contacting or communicating with an at-risk family member and from attending at or entering a place regularly attended by the at-risk family member (FLA, s 183).  An application for a protection order may be made without notice, but in such applications, the court still has the option to set aside the order or change it in some respect on application by the party against whom the order is made (FLA, s 186).  Unless otherwise stated, a protection order expires one year after the date it is made.  Breach of a protection order under the FLA is a criminal offence.  


==== b) Temporary Orders Respecting Family Residence (FLA s 90) ====
==== b) Temporary Orders Respecting Family Residence (FLA s 90) ====
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There are a number of community-based counselling programs that provide counselling services to women who have experienced sexual assault, relationship violence, or childhood abuse.  The range of individual and group counselling services are based on the needs of the individual women and delivered in an accessible, safe, and supportive environment.  
There are a number of community-based counselling programs that provide counselling services to women who have experienced sexual assault, relationship violence, or childhood abuse.  The range of individual and group counselling services are based on the needs of the individual women and delivered in an accessible, safe, and supportive environment.  


A list outlining the available programs is available at this website: http://www.pssg.gov.bc.ca/victimservices/directory/index.htm
A list outlining the available programs is available at this website: http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/victims-of-crime/vs-info-for-professionals/directory/stopping-the-violence-counselling.pdf


=== 4. Children Who Witness Abuse Programs (Ministry of Justice) ===
=== 4. Children Who Witness Abuse Programs (Ministry of Justice) ===
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This community based program provides individual and group counselling services for children who witness the abuse of a parent, who is most often a mother.  Designed to help break the intergenerational cycle of violence against women, this program helps children cope with, and heal from, the trauma of living in an abusive situation.  Support is also provided to the non-offending caregiver who has been abused by their partner.   
This community based program provides individual and group counselling services for children who witness the abuse of a parent, who is most often a mother.  Designed to help break the intergenerational cycle of violence against women, this program helps children cope with, and heal from, the trauma of living in an abusive situation.  Support is also provided to the non-offending caregiver who has been abused by their partner.   


For a detailed, area specific contact list, see:  http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/children-young-victim/protecting/children_who_witness_abuse_counselling_program_contact_list.pdf
For a detailed, area specific contact list, see:  http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/children-young-victim/protecting/cwwa-directory.pdf


=== 5. Residential Historical Abuse Program ===
=== 5. Residential Historical Abuse Program ===