I've Been Charged with a Criminal (or Youth) Offence and Want to Change My Release Conditions so I Can Have Contact with My Spouse or Children

If you are arrested for a criminal or youth offence against another person or their property, a police officer, a Justice of the Peace or a Judge may release you on conditions that you have limited or no contact with that person. This is often called a no contact order.

A Judge may also impose a no contact order as a term of a probation if you plead (or are found guilty) of an offence.

If a no contact order causes a problem for you, you can apply to a court to have those conditions changed.

(For general information on being charged with a criminal or youth offence, see page __ of this Guide).

First steps

If the conditions you want to change were put there by the police or a Justice of the Peace

1. Get and fill out an Application to a Judge. You can get one of these online at www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf, or from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC. You may want to have a lawyer or advocate assist you with filling out the application.

2. On the Application to a Judge, tick off the box marked “To replace Form 11.1 Undertaking Given to a Peace Officer/Officer in Charge [Sec.499(3), 503(2.2)]”. Under the heading, “The reasons on which the application is based are as follows”, put your reasons for wanting to have contact.

If you believe contact is not only in your best interests but also in the best interests of your family or the person you are alleged to have offended against (the complainant),say why. Say why contact would be helpful to both you and the complainant (eg to arrange access to your children, to assist with parenting and household duties, to allow for family counselling, to provide needed transportation, etc.).

Find out a date when the court is sitting in your area and can hear your application. You may have been given a court date already, but if that is too far in the future, you can request an earlier date.

3. Mail or fax your Application to a Judge to both the Provincial Court Registry and Crown Counsel Office. Make sure you tell them the date you want to make the application. If you have good contact information for the complainant, provide that to Crown Counsel.

What happens next

Crown Counsel will consider your request to change the no contact order. Almost all the time, they will ask the complainant his/her views.

On the court date set for your application, the judge will ask you for more information about your request. The judge will also ask for Crown Counsel’s views. If the complainant is in court, the judge may ask for his/her views as well.

After hearing all about the application, the Judge may decide to change the no contact order or leave it the same.

If you do not like the decision of the judge about your application, you can appeal it to a higher court. Consult a lawyer if you want to appeal.

If the no contact order was put there by a Judge

If it was a judge that put the no contact order in place at a bail hearing then the order can only be changed later by a judge of that court if the Crown Counsel agrees that the judge can listen to your application.

If the Crown Counsel does not agree that the judge can listen to your application, then you must appeal the judge’s order to a higher court. Consult a lawyer if you want to appeal.

The Crown Counsel may agree that the judge can listen to your application, but may not agree with the change you are asking for. If this is the case, the judge will listen to your application, and may decide to change the conditions or leave them the same.

[Note to reviewer: the process in the above 3 paragraphs seems to be the practical interpretation of s. 515.1 of the Code. Am I right?]

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

Enquiry BC at 1-800-663-7867 for the location and number of Court Registries and Crown Counsel offices in British Columbia. If the offence took place in a different province or territory of Canada, Enquiry BC may be able to provide you with the general enquiry number for that province or territory.

??#36-Legal aid representation, to see if you qualify for legal aid. ??#19-Duty counsel for assistance on the day you have to appear in court. ??#39-Native Courtworkers (for aboriginal clients). ??#1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers. ??#35-Legal Services Society Publications: eg “If You are Charged with a Crime”, “Speaking to the Judge Before You are Sentenced”, "How Does a Court Order Affect Me?" and “What to do if You are Charged with…”.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

In almost all cases, a no contact order prohibits direct or indirect communication. Direct communication includes contact with the complainant in person, by phone, Skype, email, texting, etc. Indirect communication means sending messages to that person through a third party such as a friend or children. Remember that you are at risk. If you are found communicating with the complainant (even if they start or want the contact) you—not the complainant-- may be charged with the criminal offence of breach of bail or breach of probation. If you absolutely need to communicate something to the complainant, speak with a lawyer first.

In law, in British Columbia a person under the age of 19.

Something which can be owned. See "chattels" and "real property."

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

A person named in a court proceeding or joined to a proceeding who is neither the claimant nor the respondent. A third party may be joined to a proceeding where the respondent believes that the person has or shares some responsibility for the cause of action. See "action," "cause of action" and "party."