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Difference between revisions of "Family Violence"
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===Information for accused persons=== | ===Information for accused persons=== | ||
It is the policy of the provincial | It is the policy of the provincial Ministry of Justice that incidents of spousal assault are to be treated as significant crimes. As a result, if your spouse accuses you of assault, you may be arrested and taken to jail overnight. | ||
If this happens, you will appear before a justice of the peace or a judge for a bail hearing. If you are arrested on a Friday, this may mean that you'll spend the weekend in custody, although provincial court judges are usually available by telephone or video link. At the bail hearing, the judge will normally require that you promise to follow certain conditions if you want to be released from custody. If you do not agree to abide by the terms the judge wants, you will not be released and you'll stay in jail until the hearing of the charges against you. | |||
Typically, bail conditions | Typically, bail conditions include: | ||
*not to have contact with your spouse, either directly or indirectly, | *not to have contact with your spouse, either directly or indirectly, | ||
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Other conditions might include restrictions on your use of alcohol and drugs, a curfew, a requirement that you report to a parole officer or the police, a requirement that you not go within a certain number of blocks of the complainant's home, a requirement that you not possess firearms or other weapons, and so forth. | Other conditions might include restrictions on your use of alcohol and drugs, a curfew, a requirement that you report to a parole officer or the police, a requirement that you not go within a certain number of blocks of the complainant's home, a requirement that you not possess firearms or other weapons, and so forth. | ||
The conditions which the judge requires will be written down in a document called a ''Recognizance'' or an ''Undertaking''. It is critical that you follow the terms set out in your | The conditions which the judge requires will be written down in a document called a ''Recognizance'' or an ''Undertaking''. It is critical that you follow the terms set out in your recognizance. If you don't, you can be arrested for breaching them, and face a criminal trial on that charge as well. The terms of your recognizance will remain in effect until the trial or until they are changed at a hearing before trial. | ||
====Lawyers and your bail hearing==== | ====Lawyers and your bail hearing==== | ||
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You have a right to contact a lawyer when you are arrested. Most importantly, you have a right to have a lawyer represent you at your bail hearing. Call one. If family law proceedings have already started in civil court, make sure that the lawyer is aware of the fact, especially if you have children. | You have a right to contact a lawyer when you are arrested. Most importantly, you have a right to have a lawyer represent you at your bail hearing. Call one. If family law proceedings have already started in civil court, make sure that the lawyer is aware of the fact, especially if you have children. | ||
Whether you're able to get one or not, make sure you speak to duty counsel before your bail hearing. ("Duty counsel" are lawyers paid by the [http://www.lss.bc.ca Legal Services Society] to give advice and limited help to people who have been arrested and do not have legal representation.) Usually, duty counsel will try to speak to everyone who has been arrested before the bail hearing, | Whether you're able to get one or not, make sure you speak to duty counsel before your bail hearing. ("Duty counsel" are lawyers paid by the [http://www.lss.bc.ca Legal Services Society] to give advice and limited help to people who have been arrested and do not have legal representation.) Usually, duty counsel will try to speak to everyone who has been arrested before the bail hearing. However, if the number of people stuck in cells is high, you may not have that much time with him or her. | ||
The point of all this is that you will doubtless want to ensure that the terms of your | The point of all this is that you will doubtless want to ensure that the terms of your recognizance are fair, not too restrictive, and don't interfere with your ability to see your children or go to work. | ||
Under certain circumstances, you may not be released from custody, regardless of the conditions you're prepared to agree to. This will depend on things such as the gravity of the alleged offence, any history of related criminal convictions and the opinion of the crown as to the circumstances of the offence. | Under certain circumstances, you may not be released from custody, regardless of the conditions you're prepared to agree to. This will depend on things such as the gravity of the alleged offence, any history of related criminal convictions, and the opinion of the crown as to the circumstances of the offence. | ||
==== | ====Getting back together==== | ||
Often a couple will want to get back together or even just want to talk about things after an arrest has been made. Sometimes the complainant will want to "drop the charges." A couple of points need to be mentioned. | Often a couple will want to get back together or even just want to talk about things after an arrest has been made. Sometimes the complainant will want to "drop the charges." A couple of points need to be mentioned. | ||
*'''Dropping the charges:''' Criminal charges are laid by crown counsel, not by the complainant. The complainant cannot "drop the charges," only the crown can do that. | *'''Dropping the charges:''' Criminal charges are laid by crown counsel, not by the complainant. The complainant cannot "drop the charges," only the crown can do that. | ||
*'''Communication with your spouse:''' Do not talk to the complainant, even if he or she | *'''Communication with your spouse:''' Do not talk to the complainant, even if he or she contacts you, if your rcognizance does not allow you to communicate with him or her. No matter who initiates the contact, communicating with the complainant is still a breach of the terms of your recognizance and you may face criminal charges from that breach, as well as the other charges. | ||
*'''Reconciliation:''' If the complainant truly wishes to get back together with you, he or she must talk to crown counsel and ask that the terms of your | *'''Reconciliation:''' If the complainant truly wishes to get back together with you, he or she must talk to crown counsel and ask that the terms of your recognizance be changed to allow you to communicate with each other or share the same residence. There must be a hearing to vary the terms of the recognizance before those terms will be officially changed. | ||
===The consequences of criminal charges=== | ===The consequences of criminal charges=== | ||