Difference between revisions of "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"

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If a no <span class="noglossary">contact</span> <span class="noglossary">order</span> causes a problem for you, you can apply to a court to have those conditions changed.
If a no <span class="noglossary">contact</span> <span class="noglossary">order</span> 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 "[[I've been charged with a criminal (or youth) offence and have to go to court]]" in this Guide.)
(For general information on being charged with a criminal or youth offence, see "[[I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court]]" in this Guide.)


==If the conditions you want to change were put there by the police or a justice of the peace==
==If the conditions you want to change were put there by the police or a justice of the peace==
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===First steps===
===First steps===


# Get and fill out an "[http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf ''Application to a Judge'']" form. You can get one of these from a [[Courts of BC|court registry]]. You can find the address and <span class="noglossary">contact</span> information for a court registry through Service BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application.
# Get and fill out an [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/criminal/pcr315.pdf Application to a Judge] form. You can get the form from a [[Courts of BC|court registry]]. You can find the address and <span class="noglossary">contact</span> information for a court registry through Service BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application.
# On the Application to a Judge form, 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 <span class="noglossary">contact</span>.   
# On the Application to a Judge form, 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 <span class="noglossary">contact</span>.   
#* If you believe <span class="noglossary">contact</span> 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 <span class="noglossary">contact</span> would be helpful to both you and the complainant — for example, to arrange access to your children, to assist with parenting and household duties, to allow for family counselling, to provide needed transportation, etc.
#* If you believe <span class="noglossary">contact</span> 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 <span class="noglossary">contact</span> would be helpful to both you and the complainant — for example, 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.
#* 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.
# 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 <span class="noglossary">contact</span> information for the complainant, provide that to Crown Counsel.
# Attend at the Court Registry with your Application to a Judge. They <span class="noglossary">will</span> set a date for your application based on your schedule. They will then give you a copy of the Application. Take the application to the Crown Counsel office in the Courthouse and give it to the Crown or Assistant.


===What happens next===
===What happens next===
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===First steps===
===First steps===


If it was a judge that put the no <span class="noglossary">contact</span> <span class="noglossary">order</span> in place at a bail hearing, then the <span class="noglossary">order</span> 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 it was a judge that put the no <span class="noglossary">contact</span> <span class="noglossary">order</span> in place at a bail hearing, then the <span class="noglossary">order</span> can only be changed later by a judge of that court if the Crown Counsel agrees that the judge can listen to your application. It can also be appealed to a higher court if Crown Counsel does not agree, but you will need a lawyer's help to do this. You can find a lawyer to help through your local Legal Services Society ([[Legal Aid Representation |Legal Aid]]) office.


===What happens next===
===What happens next===
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See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:


*Service BC at 1-800-663-7867 for the location and number of [[Courts of BC|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.
*Service BC at 1-800-663-7867 for the location and number of [[Courts of BC|court registries]] and Crown Counsel offices in British Columbia. If the offence took place in a different province or territory of Canada, Service BC may be able to provide you with the general enquiry number for that province or territory.
*[[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court.
*[[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court.
*[[Native Courtworkers]] and [http://www.clicklaw.bc.ca/helpmap/service/1125 First Nations Court Duty Counsel] for aboriginal clients.
*[[Native Courtworkers]] and [[First Nations Court Duty Counsel]] for aboriginal clients.
*[[Lawyer Referral Service]] and [[Private Bar Lawyers|private bar lawyers]].
*[[Lawyer Referral Service]] and [[Private Bar Lawyers|private bar lawyers]].
*The Clicklaw common question "[http://j.mp/wwmjpJ I've been charged with a crime. How do I defend myself?]" and the fact sheet series "[http://bit.ly/wqwT5y What to do if you are charged with...]."
*The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1031 I've been charged with a crime. How do I defend myself?]."
*The fact sheet series "[http://www.clicklaw.bc.ca/global/search?k=%22defending%20yourself%22 Defending Yourself]" from Legal Services Society.


Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
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| tips = In almost all cases, a no <span class="noglossary">contact</span> order prohibits ''direct or indirect communication''. Direct communication includes <span class="noglossary">contact</span> with the complainant in person, by phone, Skype, email, texting, etc. Indirect communication means sending messages to that person through a <span class="noglossary">third party</span> 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 <span class="noglossary">contact</span>) 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.}}
| tips = In almost all cases, a no <span class="noglossary">contact</span> order prohibits ''direct or indirect communication''. Direct communication includes <span class="noglossary">contact</span> with the complainant in person, by phone, Skype, email, texting, etc. Indirect communication means sending messages to that person through a <span class="noglossary">third party</span> 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 <span class="noglossary">contact</span>) 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.}}


{{REVIEWED | reviewer = [[Richard Hewson]], February 2013}}
{{REVIEWED | reviewer = [[Lisa Helps|Lisa J. Helps]], May 2017}}


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{{Template:Legal Help Guide Navbox|type=problems}}


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Latest revision as of 20:58, 24 May 2017

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 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 "I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court" in this Guide.)

If the conditions you want to change were put there by the police or a justice of the peace[edit]

First steps[edit]

  1. Get and fill out an Application to a Judge form. You can get the form from a court registry. You can find the address and contact information for a court registry through Service BC by calling 1-800-663-7867. You may want to have a lawyer or advocate assist you with filling out the application.
  2. On the Application to a Judge form, 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 — for example, 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. Attend at the Court Registry with your Application to a Judge. They will set a date for your application based on your schedule. They will then give you a copy of the Application. Take the application to the Crown Counsel office in the Courthouse and give it to the Crown or Assistant.

What happens next[edit]

Crown Counsel will consider your request to change the no contact order. Almost all the time, they will ask the complainant his or 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 or 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[edit]

First steps[edit]

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. It can also be appealed to a higher court if Crown Counsel does not agree, but you will need a lawyer's help to do this. You can find a lawyer to help through your local Legal Services Society (Legal Aid) office.

What happens next[edit]

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.

Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

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

Tipsandnotes.png
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.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Lisa J. Helps, May 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.