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Difference between revisions of "Family Violence"
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→If you have suffered family violence, call the police
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After the police have conducted their investigation, the lead officer sends the lawyer for the government, ''crown counsel'', a document called a Report to Crown Counsel which, among other things, describes the witnesses' statements and the officer's recommendation as to whether charges ought to be laid or not. Crown counsel then decides whether there is enough evidence to lay charges. If the crown counsel reviewing the police file thinks there is there is enough evidence, the crown counsel will approve the charges and the matter will be set for a hearing before a judge. | After the police have conducted their investigation, the lead officer sends the lawyer for the government, ''crown counsel'', a document called a Report to Crown Counsel which, among other things, describes the witnesses' statements and the officer's recommendation as to whether charges ought to be laid or not. Crown counsel then decides whether there is enough evidence to lay charges. If the crown counsel reviewing the police file thinks there is there is enough evidence, the crown counsel will approve the charges and the matter will be set for a hearing before a judge. | ||
=== | ===Call the police=== | ||
If you have suffered family violence, call the police; nothing will happen until you do. If there is evidence of abuse, the police can arrest | If you have suffered family violence, call the police; nothing will happen until you do. If there is evidence of abuse, the police can arrest your partner and may take him or her into <span class="noglossary">custody</span>. To find out more about what the police can do, you may wish to read [http://www.lss.bc.ca/publications/pub.php?pub=379 Getting Help from the Police or RCMP] and | ||
[http://resources.lss.bc.ca/pdfs/pubs/Surviving-Relationship-Violence-and-Abuse-eng.pdf Surviving Relationship Violence and Abuse]. | [http://resources.lss.bc.ca/pdfs/pubs/Surviving-Relationship-Violence-and-Abuse-eng.pdf Surviving Relationship Violence and Abuse]. If your partner is taken into <span class="noglossary">custody</span>, he or she will stay there until a judge is able to speak to him or her. Most of the time, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearing, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in a document called a ''Recognizance'' or an ''Undertaking''. | ||
It's important that you call the police right away, or at least fairly soon after the violence. The police will sometimes refuse to take <span class="noglossary">action</span> against your partner on the ground that the complaint was made out of malice or a desire for revenge because of the breakdown of the relationship. | |||
You should tell the police — and perhaps crown counsel — about all of your concerns with your partner, whether they're about yourself or your children. You should also tell the police about past incidents of family violence, and whether your partner has ever been arrested for similar problems in the past. If your partner is taken into <span class="noglossary">custody</span>, you will want your concerns addressed in the recognizance on which your partner will be released. | |||
Among other things, the court can require that your partner: | |||
Among other things, the court can require that | |||
*not go to your home, school or workplace, | *not go to your home, school or workplace, | ||
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*fulfill any other condition that may be necessary for the safety of you and your children. | *fulfill any other condition that may be necessary for the safety of you and your children. | ||
Finally, ask that the police and crown counsel keep you up to speed on the progress of the criminal case; you should also ask for a copy of your statement and the recognizance | Finally, ask that the police and crown counsel keep you up to speed on the progress of the criminal case; you should also ask for a copy of your statement and the recognizance that your partner is released on. | ||
====Breaching the recognizance==== | ====Breaching the recognizance==== | ||
If | If your partner doesn't follow the terms of his or her recognizance, call the police. They won't be aware that there's a further problem unless you let them know. | ||
====Call VictimLink==== | ====Call VictimLink==== | ||
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Sometimes calling the police isn't enough. Sometimes you may need counselling to help you cope with the violence, and, in particularly bad situations, you may need a safe place to stay with your children until the criminal proceeding can be dealt with. | Sometimes calling the police isn't enough. Sometimes you may need counselling to help you cope with the violence, and, in particularly bad situations, you may need a safe place to stay with your children until the criminal proceeding can be dealt with. | ||
Call VictimLink BC at 1-800-563-0808 for assistance. VictimLink BC is a province-wide telephone help line for victims of family violence, and all other crimes. At VictimLink BC a | Call VictimLink BC at 1-800-563-0808 for assistance. VictimLink BC is a province-wide telephone help line for victims of family violence, and all other crimes. At VictimLink BC a support worker can provide information and referrals to help you deal with the effects of family violence, and arrange for crisis support counselling. VictimLink BC is available free to people across BC and Yukon 24 hours a day, seven days a week. | ||
You may feel that you need to leave the family home, or you may want to develop a safety plan in case your | You may feel that you need to leave the family home, or you may want to develop a safety plan in case your partner becomes violent again. A victim support worker can help you develop a safety plan or find a place to stay. Again, call VictimLink BC and ask to speak with a victim support worker. | ||
====Getting back together==== | ====Getting back together==== | ||
You must speak to crown counsel if you want to get back together with | You must speak to crown counsel if you want to get back together with your partner, or if you want to <span class="noglossary">contact</span> him or her, or stop the criminal process. You cannot change the terms of your partner's recognizance or drop the charges yourself. Only crown counsel can do that. If you <span class="noglossary">contact</span> your partner, you could be making matters worse since you'll be inviting him or her to break the terms of the recognizance, which might result in further criminal charges against your spouse. | ||
===Information for accused persons=== | ===Information for accused persons=== | ||