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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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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 (view source)
Revision as of 21:56, 14 April 2013
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{{Template:Legal Help Guide TOC}}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 <span class="noglossary">release</span> you on conditions that you have limited or no <span class="noglossary">contact</span> with that person. This is often called a | {{Template:Legal Help Guide TOC}}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 <span class="noglossary">release</span> you on conditions that you have limited or no <span class="noglossary">contact</span> with that person. This is often called a ''no <span class="noglossary">contact</span> <span class="noglossary">order</span>''. | ||
A judge may also impose a no <span class="noglossary">contact</span> <span class="noglossary">order</span> as a term of probation if you plead (or are found guilty) of an offence. | A judge may also impose a no <span class="noglossary">contact</span> <span class="noglossary">order</span> as a term of probation if you plead (or are found guilty) of an offence. | ||
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===First steps=== | ===First steps=== | ||
# Get and fill out an "[http://www.ag.gov.bc.ca/courts/forms/pcr/pcr315.pdf | # 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. | ||
# 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. | ||