Speaking of Abuse Eng

8/3/2019 Speaking of Abuse Eng

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For help in your community, call:

PoliceCall 911, or look for the emergency police

number in your community inside the front

cover of your B.C. Tel phone book.

Victim Information LineCall 1-800-563-0808.

If you have a disability

Call the 24-hour B.C. Tel Message Relay

Centre at 711 (for TTY users with a hearing

or speech disability); or

Call 1-800-855-0511 (voice activated).


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Contents

Introduction 1

I Who this booklet is for 1

I What this booklet is about 1

I What is an advocate, or

victim service worker? 2

I. Violence against women in

relationships What does

it mean? 5

I Some examples of abuse 5I What is against the law? 7

I Are you the only one? 8

I Women who are

newcomers to Canada 9

2. Planning for your safety,

and your childrens safety 11

3. Going to the police 13

I Calling the police 13I What happens when the

police come? 14

I Getting to a safe place 15

I Arrest 15

I The bail hearing 16

I Getting information

about the case 17

I The police prepare a report 18

I

Will the man be charged? 19I What if you dont call the

police right away? 19

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4. If you leave a violent

relationship 21

I What about the children? 21

I Your home 22

I What to do about money 22

I How to get legal help 23

5. The court process 25

I Introduction 25

I The Crown counsel 25

I Being a witness 26

I Victim impact statements 27I The first appearance 27

I The trial 29

I If hes found not guilty 30

I If hes found guilty 30

I Sentencing 30

I After sentencing 32

6. What else you can do 33

I Peace bonds

(recognizance) 33

I Restraining orders 34

I B.C. Protection

Order Registry 35

I Criminal injury compensation 36I Suing your husband,

boyfriend, or ex-partner 36

7. What if you want to end the

relationship? 37I Maintenance and support 37

I Custody 38

I Access 39

I Separation agreements 39

I Property 39

8. Who can help 41

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Introduction

Who this booklet is for

This booklet is for any woman who needs legal

information about her rights because she is

being abused, assaulted, or harassed by her

husband, boyfriend, or ex-partner. If you

suspect that someone you know is being abused,

please give this booklet to her.

The information in this booklet is for

women who have chosen to stay with an abusive

partner, or who have left or are trying to leave.

When a woman tries to leave a partner who is

abusive, the man may become more violent.

If you know someone who is being abused

in a gay or lesbian relationship, the information

in this booklet also applies to them.

What this booklet is aboutThis booklet explains what you can do to

protect your safety whether you choose to

leave or to stay and what kind of help you

can get from the police, courts, and people inyour community if you are being abused by a

husband, boyfriend, or ex-partner.

It includes information about

I what violence in a relationship is,

I what you can do if your husband, boyfriend,

or ex-partner has assaulted you or

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threatened to assault you, or is criminally

harassing you,I what the police do when they are called,

I what the court process is,

I how to get a peace bond or a restraining

order,

I what to do if you choose to end your

relationship, and

I who can help with emotional support and

legal advice.

What is an advocate, or victimservice worker?

If you are in an abusive relationship, you can get

free help from an advocate or a victim supportservice worker in your community. They can

help you and your children whether you

decide to leave or stay in the relationship.

Throughout the province in B.C. there are33 specialized victim service centres to help

women who are in abusive relationships. You

can also find victim service workers in most

police stations and at the office of the Crown

counsel (the lawyer for the government).

An advocate can be anyone in your

community who wants to help you with your

situation: a relative or friend, or someone

working at your local womens centre, transition

house, or immigrant service agency. A victim

service worker could also be your advocate.

You may want to have an advocate or a

victim service worker with you when you are

dealing with the police and the courts. An

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advocate, or a victim service worker, can

provide emotional support and can I help you find out what your rights are,

I help you learn what you will have to do in

court,

I help you by being with you in court,

I help you find out information about your

case, and

I help you find information about the services

that are available, and that you need, in your

community.

An advocate or a victim service worker may

also be able to help the police and other people

in the justice system with your case. For example,

they can talk to the police about

I interviewing you,

I giving you information, and

I helping you participate at interviews or in

court.

If you cant find an advocate or a victim

service worker in your community, call the

Victim Information Line at 1-800-563-0808.

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Introduction


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Important, please read:

In B.C., the government says that the police

and the courts must treat violence against

women as a serious crime. They must do

everything they can to stop it.

The governments Violence Against

Women in Relationships policy recognizes

that there are many types of abuse, and that

abuse can happen in all kinds of intimate

relationships. The government is particularly

concerned, though, about widespread

violence against women by their male

partners. Because of this, the focus of the

Violence Against Women in Relationships

policy is on women who are being abused,

or who have been abused, by men in

married, common-law, or dating

relationships.

The information in this booklet is based on

the Violence Against Women in Relationships

policy.

It is important to remember that violence

against women is not a private, family

matter. Assault and harassment are crimes.

Note: This publication explains the law in

general. It is not intended to give you legal

advice on your particular problem. Because

each persons case is different, you may

need to get legal help. See Who can help

on page 41 of this booklet.

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1.Violence

against women

in relationships

What does itmean?

When people talk about violence against

women in relationships, they are usually talkingabout abuse. Abuse includes a range of

behaviour from intimidation and threats to

physical or sexual assault. An abuser uses threats

and violence to gain power and control over his

partner and take away her self-worth.

Some examples of abuse

Abuse can be physical, sexual, emotional,

psychological, verbal, or financial. These are

some examples of abusive behaviour:

I humiliating or degrading you in front of

others

I isolating you or stopping you from leaving

the home (including removing the phone,

taking the only vehicle when you live far

from town, not letting you see friends or

family)I yelling at you, insulting you, or calling you

names

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I constantly criticizing you, and blaming you

for everythingI controlling and limiting what you do, where

you go, who you see

I threatening to hurt you, your children,

someone you know, or anything that is

special to you (like a pet or something you

treasure)

I frightening you by driving recklessly, or

threatening you with a weapon

I

breaking your things, damaging propertyI taking your money or controlling all the

money in the household and not letting you

have any

I threatening to have you deported

I opening and reading your mail or other

private papers

I following you or watching you wherever you

are

I repeatedly phoning you (for example, atwork, or in the middle of the night)

I forcing you into sexual activity that you

dont want

I shoving, slapping, choking, punching, or

kicking you

I hurting you with an object of any kind

Abuse may start out as verbal or emotional,

and gradually increase to physical or sexual

violence. After incidents of abuse, your partner

or ex-partner may be very sorry or very loving.

If you are involved with a man who is abusive,

you may be feeling frightened, confused, and

alone.

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What is against the law?

Any kind of abuse is harmful. But many kindsof abuse are also against the law they are

crimes, and the police can lay charges. Assault is

the most common charge used against a man

who is abusing his partner. Criminal

harassment (stalking) is another important

charge to know about.

Assault

If your partner or ex-partner does any of thethings listed below, it is assault and it is a crime:

I hits you or physically hurts you

I threatens to hit you or physically hurt you,

and you believe that he can do itI forces you to do things you do not want to

do for his sexual pleasure

Criminal harassment (stalking)

Criminal harassment is unwanted attention: a

pattern of threats and actions that makes you

afraid for your safety or your childrens safety. It

may make you feel you cant do what you want

or go where you want.

If anyone, especially an ex-partner, does any

of the things listed below and makes you afraid

for your safety, it is criminal harassment

(stalking) and it is a crime:

I contacts you over and over again (for

example, at work or at home in the middle

of the night)

I makes indecent phone calls to you, or callsyou over and over and hangs up without

speaking

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I follows you or watches you or other family

members (for example, parks outside yourhouse)

I threatens you or other family members or

friends

I sends you gifts you do not want

I threatens to destroy property or harm

your pet

I does anything else that is threatening and

that makes you afraid he will harm you

If any of the things described above are

happening to you, call the police right away.

Also, to help the police with your case, keep a

written record of every incident, including what

happened, the date, the time, and where ithappened. Assault and criminal harassment are

against the law. You have a right to protection.

Are you the only one?No. Women of all age groups, from all

economic and social classes, and from all racial

and cultural groups can be abused.

A 1993 survey conducted by StatisticsCanada found that 25% of all women have

experienced violence from a husband,

boyfriend, or ex-partner. One in six women

who are now married reported violence by their

husbands. One half of the women who have

been married before reported violence by their

ex-husbands. Abuse by boyfriends or on dates is

also common.

Another study has shown that there may be

as many as 35 violent incidents before a woman

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will call the police. In Canada, an average of two

women are killed by their partners every week.It is hard for any woman to take action to

stop abuse in a relationship. If you are a senior

or a woman with disabilities you may be

particularly dependent on your husband or

boyfriend to take care of your daily needs. This

could make it especially difficult for you to

protect yourself from abuse.

You may also feel particularly isolated

because of language, pressures from family,

racism, or because you are a newcomer to

Canada. You may have more difficulty

convincing people that the abuse is really

happening. If you are a newcomer you may beafraid of being deported if you contact the

police or a service that can help. (See the next

section for what the law says about women who

are newcomers to Canada.)If you are being abused, it is important to

remember:

Violence against women in relationships is not

a private, family matter. Assault andharassment are crimes.

If you are being assaulted or harassed, call the

police.

Women who are newcomers toCanada

If you are a newcomer to Canada and your

husband is violent towards you, here are some

things that you should know:

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I If you have permanent residence status, you

will not be deported if you leave therelationship, even if your husband is

sponsoring you.

I If you are sponsored by your husband and

you leave him, you may be able to get

welfare. (It is important to have your

advocate or victim service worker with you

when you apply for welfare.)

I If you are a refugee claimant or you do not

have permanent residence status, get legalhelp right away. Canadian immigration

guidelines offer some protection to women

who are being assaulted by their partners.

I If you are sponsoring your husband and he

assaults you, get legal help. You may be able

to withdraw your sponsorship of your

husband.

If English is not your first language, you may

be able to find a lawyer who speaks your

language. Ask your advocate or victim service

worker for the names of lawyers and

interpreters.

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2.Planning for

your safety, and

your children's

safety

It can be very difficult to leave a relationship

when you are being abused. But whether you

choose to stay or to leave,your safety must

come first. The police and court orders may beable to offer some protection, but there are

limits to what they can do.

To help keep you and your children safe, you

need to have a safety plan whether you havedecided to leave or stay in your relationship.

A safety plan means thinking about what

you need to stay safe, getting information, and

talking over your plan with people who canhelp. Making a safety plan means doing things

like:

I telling neighbours or friends to call the

police if they hear frightening or loudnoises, or if they see anything suspicious

I memorizing the telephone number of a

transition house or safe home for women

I thinking about where you can go if you

decide to leave (a place that is safe, like a

transition house, where he will not know to

look for you)

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I putting some money in a safe place, a little at

a time, and cancelling joint credit cardsI packing a suitcase for you and the children

and leaving it with a friend

I putting an extra set of keys for the house

and car in a safe place

I getting legal advice about your situation

I putting ID, passports, and other important

papers for you and your children in a safe

place (if keeping original documents is a

problem, call the legal aid office closest toyou for help with getting certified

photocopies)

Read If you leave a violent relationship

(page 21) and What if you want to end therelationship? (page 37) for more suggestions

about your children and other safety issues.

Remember, planning for your safety is

something you need to think about on a regularbasis, especially if your circumstances change

(for example, if you move, have more children,

become ill, or if your situation gets more

abusive). Ask someone you trust to help you

with your safety plan. It could be your advocate,

your victim service worker, or a friend.

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3.Going to the

police

Calling the police

If your husband, boyfriend, or ex-partner has

hit you, sexually abused you, or is threatening orharassing you, call the police. The emergency

telephone number is inside the front cover of

the phone book. It is 911 in the

Vancouver/Lower Mainland area and in manyother parts of B.C. Be sure to check the number

for your community. If you have a disability,

you can call the 24-hour B.C. Tel Message Relay

Centre at 711 (for TTY users with hearing or

speech disabilities) or 1-800-855-0511 (voice

activated).

(If you know someone who is being abused

and she doesnt speak English, tell her she can

call 911 and ask for an interpreter. When she

calls, she can say police, and what language she

speaks.)

When the police answer, give your name and

address. The person who answers the phoneneeds to know what is happening. Try to speak

slowly and clearly. You will also need to answer

all the questions you are asked.

Tell the police

I that you are in danger,

I what the man is doing or has done,

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I if he has a weapon and what it is,

I

if he has been violent before,I if you have children with you,

I if either you or the children have been hurt,

and

I if you already have a peace bond or

restraining order.

What happens when the policecome?

When the police come to your house, they will

talk to you to find out what has happened. Tell

them if you are afraid for your safety and what

your husband, boyfriend, or ex-partner has

done to make you afraid.

Tell the police if you have tried to leave the

relationship, or have told your partner you are

leaving. The police should know about this

because your partner or ex-partner may becomemore violent.

If the police find that your partner or ex-

partner has assaulted or threatened you, or that

he might do it again, they will probably arresthim (see page 15). The governments policy

about violence against women in relationships

says the police must arrest the man if there is

enough evidence. They can arrest him even if

you dont want them to.

If your partner or ex-partner leaves before

the police arrive, the police can still arrest him if

they find him. If you know where he is, tell the

police.

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The police should give you a card with their

name and phone number on it, and your policecase number (ask for this card if you dont get

it). If your partner or ex-partner returns you

can ask the police to come back.

Getting to a safe place

If there is a transition house or safe home in

your area, you can ask the police to take you

and your children there. Take the children with

you, to protect their safety and improve your

chances of getting custody later. Or you can ask

the police to take you and the children to

friends, relatives, or to a motel.

If you have been hurt, the police can take

you to a hospital or doctor. Most hospital

emergency departments will be able to help you.

They will also collect medical evidence of the

assault. Remember: You have the right to askquestions about any medical examination, to

have a friend or advocate with you, and to

refuse treatment.

If you stay in the family home, its a goodidea to have the locks changed.

Arrest

If the police arrest your partner or ex-partner,one of these two things can happen:

He will be released, but the police or courts

will make an order that tells him there are

certain things he cannot do (for example,contact you, or go to your house); or

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He will be kept in jail overnight, and will

have to appear in front of a justice of thepeace or judge in a courtroom for a bail

hearing, to see if he will be released and

what the conditions are.

The bail hearing

At the bail hearing, the judge will decide if your

husband, boyfriend, or ex-partner should be let

out of jail while he or she deals with the charges

against your partner or ex-partner. The judge

will say what things he has to do to be released.

These things are called the conditions of bail.

For example, a condition of bail may be that he

cannot own guns or other weapons (firearms),or cannot use drugs or alcohol.

No-contact orders

The judge can order your husband, boyfriend,

or ex-partner to stay away from your home or

where you work and not to contact you either

directly or indirectly. The judge does this by

making a no-contact order. This means your

partner or ex-partner cannot phone you orwrite to you, send gifts, or ask someone else to

give you a message. It also means thatyou

cannot phone or write to your partner or ex-

partner, send him gifts, or ask someone else to

give him a message.

If you want a no-contact order, you must tell

the investigating police officer. The police will

want to know about other times that your

partner or ex-partner has been violent. The

police will then put the reasons for having a no-

contact order in their report to the Crown

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counsel. The Crown counsel is the lawyer for

the government who will tell the judge whyyour partner or ex-partner should stay away

from you.

Conditions of bail

Ask your advocate or your victim service workerto help you find out from the Crown counsels

office what the conditions of bail are. Keep a

copy of the no-contact order with you at all

times.If your husband, boyfriend, or ex-partner

does not do what the conditions of bail or the

no-contact order say, he can be arrested again

and charged with breach of bail or an order.This is in addition to the first charge of assault

or criminal harassment.

The investigating police officer will give you

a card with his or her name and phone number

and your police case file number on it. If your

partner or ex-partner breaks any of the

conditions of bail or a no-contact order, phone

911, or the police emergency number in your

community.

Getting information about thecase

If you want to find out what is happening with

your partner or ex-partners case, phone your

advocate or your victim service worker. Under

the Victims of Crime Act (VOCA) you have the

right to get up-to-date information about thecase, including information about:

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I the organizations and services that can help

youI compensation for injuries

I how the criminal justice system works

I the status of the police investigation and the

court case

I how the mans sentence will be carried out

I your right to privacy

For information about any orders against

your partner or ex-partner, and to ensure that

orders are registered, call the VictimInformation Line at 1-800-563-0808.

The police prepare a report

Even if the police do not arrest your husband,

boyfriend, or ex-partner, they are required to

investigate your case and prepare a report. They

will do this even if you have not been hurt or if

you do not want to be a witness. They will askyou questions about what happened. (It is

important to tell the police as many details as

you can remember.)

The police will then give this report to theCrown counsel, who decides whether or not

your partner or ex-partner can be formally

accused of a crime (charged with a criminal

offence). If the Crown approves of charges, the

police will lay a charge.

If the police interview you again later, you

can bring your advocate or victim service

worker with you.

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Will the man be charged?

In B.C., the governments policy on violenceagainst women in relationships says that charges

must be laid if there is evidence of assault or

criminal harassment. If the police believe a man

has committed assault or criminal harassment

in a relationship, they must send a report to the

Crown counsel and ask for approval to charge

him. The police do not need your agreement or

consent to do this.

Remember, you have the right to know the

status of the police investigation and the court

case involving your partner or ex-partner. Also,

if

I no charges are laid by the Crown counsel,

and

I you are not satisfied with the Crowns

decision,

you have the right to an explanation. You can

also complain. Talk to your advocate or victim

service worker to find out what you can do.

What if you dont call thepolice right away?

Its a good idea to write down what happened

and report the assault or harassment as soon as

possible, so that you remember the details.

(Include the time, place, date it happened, and

as many specific details as you can remember

about what happened.) This makes it easier for

the police to get the evidence they need.

Even if you dont call the police right away,

you still have the right to get help. Call the

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police or go in person to the police station to

report the assault or harassment. If you can,take your advocate or victim service worker

with you.

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4.If you leave

a violent

relationship

What about the children?Take the children with you when you leave your

home, to protect them and improve your

chances of getting custody (the right to take

care of them) later. If you cant take them, go

back to get them as soon as you can. If you cant

go back to get them, call your advocate or

victim service worker right away.

Be careful about your own safety if you go

back for the children. Ask a police officer to

come with you. Phone the police in advance to

set up a time. The police can make sure that you

are safe, but they cannot force your partner or

ex-partner to give you the children if you donthave a court order giving you custody.

If he refuses to let you take the children or

he has a court order giving him custody, get

legal advice right away.

If you are afraid that your children are in

danger, call the nearest office of the Ministry for

Children and Families. Or call the Helpline for

Children by dialing 0 and asking for Zenith1234. See also Planning for your safety, and

your childrens safety (page 11).

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Your home

Even if you leave the home at first, you may beable to get an order later from a judge saying

that you have the legal right to stay in the home

with your children. This is called an exclusive

occupancy order. You need a lawyer to go to

court with you to get this order. (See Who can

help on page 41.)

If you stay in the home and your husband,

boyfriend, or ex-partner is arrested, you may be

able to get a no-contact court order saying he

must stay away from your home. (See The bail

hearing on page 16.)

What to do about money

If you have a place to stay for now, but you

dont have enough money, contact the Ministry

of Human Resources (welfare) and apply for

hardship assistance. This is emergency money

they can give you quickly. Ask your advocate, or

your victim service worker, to go with you.

If you decide to stay separated from your

partner and you have no money, you can apply

for regular income assistance (welfare/

disability benefits). It is important to get off

hardship assistance and start receiving income

assistance as soon as possible. When you are onhardship assistance there are some benefits you

cannot get.

You can also apply to court to get financial

support (maintenance) from your husband,boyfriend, or ex-partner. Contact legal aid to see

if they can help you.

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Also, if you already receive money, like a

pension or disability cheque, contact the officethat sends you the cheques to tell them you have

separated from your partner. Give them your

new address.

Remember, it is important to tell the

office(s) sending you money (income assistance,

child support, pension, or disability) that you

have just left an abusive relationship.

If you have money in a joint bank account,

take your money out right away. If you have

credit cards in both your names, contact the

credit card company to cancel them or get your

name removed. If your pension or disability

cheque is automatically deposited into yourjoint bank account, make other arrangements. If

you own a house, car, or other property

together, get legal advice.

How to get legal help

You may need to talk to a lawyer right away

about the children, money, or home or other

property you shared with your boyfriend orhusband. If you cannot afford a lawyer, go to a

legal aid office to apply for legal aid. See Who

can help at the end of this booklet (page 41).

Tell the person you talk to that it is an

emergency.

If you do not qualify for legal aid, call the

Lawyer Referral Service or your local womens

organization for the names of lawyers. Lawyer

Referral will give you the name of a lawyer in

your community who can help. You can talk to

this lawyer for 30 minutes for $10. If you want

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to hire this lawyer for more help, ask how much

she or he will charge you.

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5.The court

process

Introduction

When a man is charged with assault or criminal

harassment, he then has to go to court. Thiscourt process is difficult for anyone, but

especially for a woman who has been assaulted

or harassed. The case may move slowly through

the system. At times you may feel as if you arethe one who is being charged with an offence.

It is important to remember, though, that

many women who have gone through this

process have found it helpful in the end, and

that there are people who can help you. For

example, it is a good idea to have your advocate

or victim service worker with you as you go

through the court process. This includes any

interviews that you have with the police or

Crown counsel, as well as court hearings and

the trial itself.

The Crown counselThe Crown counsel is the lawyer for the

government. After the police have prepared

their report, the Crown counsel decides if there

is enough evidence to charge the man whoassaulted or harassed you.

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It is important to remember that the Crown

counsel makes this decision and does notneed your agreement to do so. The Crown

counsel is not acting as your lawyer. He or she

will consider if it is in the interests of the public

to lay charges, and if it is likely that the judge

will find your husband, boyfriend, or ex-partner

guilty.

Being a witness

If the Crown counsel decides that the case will

go ahead, you are an important witness. You

will be asked to testify (say what happened to

you) at the trial. The Crown counsel is required

to make every possible effort to interview youbefore the trial and explain what will happen in

court. (In some areas of the province, the

Crown counsel at the trial might not be the

same person who first interviews you.) If you

do not hear from the Crown counsel, call to

find out about the progress of the case, or

contact your advocate or victim service worker.

If you need an interpreter, be sure to tell the

Crown counsel before your interview, so that

they can arrange an interpreter for your

interview and for the trial. If you have a

disability, let the Crown know what assistance

you will need, such as special transportation.

You will be given a paper called a

subpoena. It tells you that you have to come to

court and when the trial is going to happen.

The subpoena will probably be delivered to youin person, but it may come in the mail, or you

may have to pick it up from the police station.

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If you decide that you do not want to be a

witness, the case may still go ahead, especially ifthere are other witnesses or there is other

evidence that the assault or harassment took

place. However, the judge may tell you that you

have to testify. If this happens, explain to the

judge why you do not want to be a witness.

Victim impact statements

The Crown counsel may ask if you want to fill

out a victim impact statement. In this

statement, you can explain what effect the

assault or harassment has had on you and your

children. The Crown counsel uses these

statements when she or he recommends to thejudge what kind of sentence the man should get

if he is convicted.

Usually the Crown counsel will interview

you before the trial. She or he will also mail youa victim impact statement form for you to fill

out, a brochure about the form, and a letter that

says who you can ask for help. (You can also ask

your advocate, or your victim service worker,

for help with filling out the victim impact

statement form.) If the Crown counsel does not

talk to you about a victim impact statement, ask

them about it.

The first appearance

You do not usually have to be in court or say

anything at a first appearance, although you can

be there if you want to. The Crown counsel will

tell you if you need to be present. The man who

assaulted you (called the accused) will be

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ordered to appear in front of the judge. At this

first appearance, he will usually be asked if heintends to get a lawyer, and if he pleads guilty or

not guilty.

If your partner or ex-partner says he is

guilty, there will not be a trial. The court will set

a sentencing date when the judge will say what

will happen to your husband, boyfriend, or ex-

partner (see Sentencing on page 31). The

judge may order him to go to a treatment

program for abusive men, or to get treatmentfor drug or alcohol addiction. (You can talk to

the Crown counsel about asking the judge to

order treatment.)

If your partner or ex-partner says he is notguilty, a trial will be held at a later date.

If your partner or ex-partner has been in jail

until the first appearance, the judge may now

release him on bail until the trial starts. Usually,being released on bail will include the condition

that he stay away from the family home and

that he not contact you. This means that he

cannot even telephone you, or give someone

else a message for you. Another condition may

be that he cannot have a gun or other weapons.

You need to know about the conditions of

bail. Ask your advocate, or victim service

worker, who you should call to find out what

bail conditions have been set, or call the B.C.

Victim Information Line at 1-800-563-0808.

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The trial

Before your partner or ex-partners trial, youmay want to visit the courthouse to watch some

other trials, to see what happens. You can have

your advocate, victim service worker, or anyone

else you want go with you to see another trial.

This person can also go to court with you for

the assault trial.

The Crown counsel will present their case first:

I The Crown counsel will present evidence toshow that the offence happened. You will be

called as an important witness. If you do not

want to give your address out loud in court,

be sure to tell the Crown counsel before the

trial begins.

I The Crown counsel may call other witnesses,

such as the police, friends or neighbours,

and perhaps your doctor. Your children will

not be asked to be witnesses unless it isabsolutely necessary.

I If there are pieces of evidence, such as torn

clothing, photographs of your injuries, a

weapon, or medical records, the Crown

counsel may present them as part of the

case.

I The Crowns witnesses, including you, will

be questioned (cross-examined) by your

partner or ex-partners lawyer.

The lawyer defending your partner or ex-

partner (the accused) will then present their

case. The process is the same as it was for the

Crown counsel. Often, your partner or ex-partner will be called as a witness, but not

always. The defence lawyers questions may be

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more difficult for you to answer than the

Crowns. That is because the defence lawyersjob is to make your story seem less believable.

In some cases, your partner or ex-partner

may decide to defend himself without a lawyer.

If that happens, you may have to deal with your

husband, boyfriend, or ex-partner questioning

you when you testify.

After hearing the facts presented by both

sides, the judge will make a decision.

If hes found not guilty

If your husband, boyfriend, or ex-partner is

found not guilty, this does not mean that thejudge didnt believe you. Criminal trials follow

strict rules of evidence, and the law says that the

accused has to be proven guilty beyond a

reasonable doubt.

In rare cases, the Crown counsel will decide

to appeal a judges decision. Appeal judges make

their decisions based on all the written notes

taken at the original trial.

If hes found guilty


found guilty, he will be sentenced. This means

that the judge will decide what should happen

to him.

Sentencing

Before deciding on a sentence, the judge may

ask for a pre-sentence report. A probation

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officer prepares this report and may interview

you. (Probation officers supervise people whoare released on bail, and people who are found

guilty but not sent to jail.) Be clear with the

probation officer about any concerns you have

about the safety of you and your children.

The probation officer should have seen your

victim impact statement if you completed one.

If you wrote a victim impact statement right

after the assault happened, you may want to

update it. The information in it will help theCrown recommend a sentence, and will help the

judge decide.


found guilty, these are some of the sentences hecould receive:

Conditional discharge

If he follows certain conditions (like staying

away from you and the children, getting

counselling, attending a treatment program for

abusive men or for drug or alcohol addiction)

for a certain period of time, he will not have a

criminal record.

Suspended sentence and/or probation

For a set period of time, he must follow all the

conditions set by the judge in a probationorder. Usually, one of these conditions is that

he report to a probation officer. The judge may

also order him to go to a treatment program for

abusive men, or for drug or alcohol addiction.

(The probation officer must tell you what

conditions are in the order.)

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If he does not follow the conditions of the

probation order, he can be arrested andsentenced for not following the probation order,

as well as for the original offence.

Jail

If the assault was severe or he has committedcriminal offences before, he might be sent to

jail. He may be allowed to serve his jail sentence

on weekends so he wont lose his job.

After sentencing

It is important to tell corrections staff, and the

Parole Board, if your address or telephone

number change. This is so they can send youup-to-date information about parole hearings

and release dates for your husband, boyfriend,

or ex-partner.

It is also important to stay in touch withyour advocate and/or your victim service

worker, for ongoing support and information.

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6. What else you

can do


I not charged, or

I charged, but not convicted,

there are other legal steps you can take to

protect your safety, and to get some money back

for what the abuse has cost you.

Peace bonds (recognizance)

A peace bond is an order a judge makes in court

(using section 810 of the Criminal Code of

Canada). It tells your husband, boyfriend, or ex-

partner that he must be of good behaviour and

keep the peace for up to 12 months. This

means that he must not harass you or threaten

you. The peace bond can contain a no-contactorder (see The bail hearing on page 16).

To get a peace bond, you do not have to

prove that your partner or ex-partner has

assaulted you. You only have to show that youhave a reasonable fear that he will injure you or

a member of your family or damage your

property.

Anyone who knows about the situation youare in (a police officer, for example) can apply

for a peace bond on your behalf. But it often

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works best if you apply for it yourself. The

police can tell you how to apply.When you apply for a peace bond there will

be a hearing in front of a judge. If you are

granted a peace bond at this hearing, it is

important that you get a copy and that you keep

it with you at all times.

If your husband, boyfriend, or ex-partner

breaks the peace bond, call the police right

away. Tell them that you have a peace bond. If

you dont have a copy of your peace bond with

you when you call the police, they can find out

about it by calling the Victim Information Line

at 1-800-563-0808.

Restraining orders

A restraining order is an order a judge makes in

civil court using the Family Relations Act. A

restraining order tells the man who assaulted

you that he cannot harass or threaten you.

Civil courts deal with legal disputes that do

not involve criminal charges, such as who will

have custody of the children. Each person in the

dispute has their own lawyer.

There are several kinds of restraining orders.

Usually you get a restraining order at the same

time that you are dealing with something else in

civil court (for example, if you are applying for

custody or maintenance).

If you want to get a restraining order, it is

usually easier to do if you have a lawyer. If you

cannot afford a lawyer, go to the nearest legal

aid office to apply for legal aid. Tell the person

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you talk to that it is an emergency. Make sure

that the lawyer includes in the restraining ordera statement saying that it can be enforced by a

police or RCMP officer.

Keep a copy of the restraining order with you

at all times. If you call the police, tell them that

you have a restraining order. If you do not have a

copy with you when you call the police, they can

find out about it by calling the Victim

Information Line at 1-800-563-0808.

B.C. Protection Order Registry

In B.C., the central Protection Order Registry

keeps a record of protection orders issued by

B.C. courts. It includes restraining orders and

peace bonds.

This means that if you call the police about a

violent partner, they can find out within

minutes whether you have a protection order,

what it says, and whether it is still valid (still

applies). The police can then act to enforce the

order right away. You can ask the police to call

the Registry or you can get information fromthe Registry by calling the Victim Information

Line.

Because the Registry may not be up to date,

it is also important to keep a copy of yourprotection order with you at all times. You also

need to tell the Protection Order Registry if

your phone number or address changes. To do

this, call the Victim Information Line at

1-800-563-0808. You can call this number for

free, seven days a week, 24 hours a day.

Remember, it is important that your order is

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registered and the information on it accurate, so

that you will be advised if your husband,boyfriend, or ex-partner is being released from

prison. Call the Registry as soon as an order is

made to make sure it is registered.

Criminal injury compensation

You can apply for criminal injury compensation.

This is money that the government gives you if

you have been injured as a result of a crime. It

covers such things as lost wages, pain and

suffering, and counselling. It is not necessary for

your husband, boyfriend, or ex-partner to have

been charged, but there must be a police report.

You can get an application form from the

police, from your advocate or your victim

service worker, or from the Workers

Compensation Board. After the crime has been

reported to the police, you have one year toapply for criminal injury compensation.

Suing your husband, boyfriend,

or ex-partnerYou can sue the man who has abused you in

civil court. If you win you will be given

damages. Damages means the money that a

judge orders him to pay for the pain, suffering,and loss of time at work that he has caused you.

If you want to do this, talk to a lawyer right

away; there are time limitations. Contact your

local womens organization or the LawyerReferral Service to find a lawyer in your area. In

some cases, legal aid may pay part of the cost of

suing if you are financially eligible.

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7.What if you

want to end the

relationship?

If you want to end the relationship, whether you

are married or living common-law, talk to a

lawyer or a family justice counsellor in family

court. It is important to remember that if there

has been violence in the relationship,

mediation is rarely helpful. Tell the lawyer orcounsellor if you do not want mediation

services.

If you cannot afford a lawyer, apply for legal

aid. The following sections are about some ofthe things to discuss with a lawyer.

Maintenance and support

Maintenance and support are the legal terms

used for money paid to you and/or your

children by your ex-partner. Both parents have a

legal duty to care for their children. Your

childrens father may be ordered by a court togive you money to help support the children if

they are living with you. (He may or may not be

ordered to pay money to support you as well.)

The government now has guidelines about how

much child support he will have to pay. You can

call the provinces child support information

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line, for free from anywhere in B.C., at

1-888-216-2211.If the court has ordered the childrens father

to pay maintenance or support, the B.C. Family

Maintenance Enforcement Program may be able

to help you collect the money from him. Call

them for free at 1-800-663-7616 or in Victoria

at (250) 356-8889.

CustodyCustody is a parents legal right to take care of

the children. If you leave the relationship, apply

right away to family court for a temporary

custody order of your children even if you

didnt take the children with you. You need a

lawyer for this.

Later, when you go to court to settle things,

the judge will decide who gets custody based on

what is in the best interest of the children.

Read What about the children? (page 21)

and Planning for your safety, and your

childrens safety (page 11) for more

information about the children.

Guardianship

Guardianship gives parents the right to make

decisions about how their child is raised(including education, religious training, etc.). It

is important to talk to your lawyer about this

issue when making custody arrangements.

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Access

Access is the legal term for the childrens rightto see the parent who does not have custody. A

judge may decide that the father can see the

children, even if he has assaulted you. You can

ask for restrictions or conditions on the fathers

access.

Sometimes the judge may order specified

access. The father will be allowed to see the

children only if he follows certain conditions,

like not drinking or not using drugs for 48

hours before the visit, not taking them out of

the province, or seeing them only at specific

times.

The judge may also order supervised

access, which means that the father can only

see the children when someone else is there.

Separation agreements

A separation agreement is a legal document that

says what you and your ex-partner have agreed

to about such things as maintenance, custody

and access, and dividing up your property.

Before signing a separation agreement, get legal

advice separately from your ex-partner.

PropertyWhether you are married or living common-

law, you have a right to a fair share of the family

assets, such as the car, house, furniture, and

other things that the family used together.

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For more information, see the booklets If

Your Marriage Breaks Up and Living Common-Law available from the Legal Services Society,

in English only (turn to the back of this booklet

for the Societys address).

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8.Who can help

In your community

In the front pages of your phone book you will

find a section called Community Services, which

lists some of the organizations shown below;

others are listed in the blue or white pages.

If you have trouble finding phone numbers

for the organizations listed below, talk to your

advocate, your victim service worker, or call or

visit your local library for help.

Aboriginal

I Band social development offices

I

Native child and family workersI Native courtworkers

I Native justice workers

I Native friendship centres

I Tribal council offices

Children

I Helpline for Children: Call 0 and ask for

Zenith 1234

I Transition houses

Gay & Lesbian

I Gay and lesbian information line:

Call 1-800-566-1170

Legal

I Dial-A-Law

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I Family justice counsellors

I

Family Maintenance Enforcement ProgramI Lawyer Referral Service

I Legal Services Society (legal aid)

Newcomers to Canada

I Immigrant service agenciesI Multicultural agencies

Safety

I

B.C. Tel Project Safety: For emergencyphone hook-ups, call (604) 528-8769

I Crisis centres

I Transition houses

I Womens centres

The Victim Information Line(B.C. Protection Order Registry)

1-800-563-0808

The operators will talk to you about your

problem and refer you to a service or contact in

your community. This is a free, confidential

service. They can also give you information

about the B.C. Protection Order Registry and

any orders you have registered.

If its an emergency

Check inside the front cover of your B.C. Tel

phone book for emergency numbers in your

community. If you have a disability, call the

24-hour B.C. Tel Message Relay Centre at 711

(for TTY users with hearing or speech

disabilities) or call 1-800-855-0511 (voice

activated).

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Notes

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Notes

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Notes

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Notes

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1998 Justice Institute of B.C., Legal Services Society

This publication may not be reproduced commercially,

but copying for other purposes, with credit, is

encouraged.

This booklet is a publication of the Public Legal Education

Program and was produced by the Publishing Program of

the Legal Services Society (LSS). It was funded by the

Ministry of Attorney General, Community Justice Branch,

Victim Services Division, and LSS.

Editing: Anne Rose

Graphic design: Mo Salemy

Revision: Pat Feindel

Project co-ordination:

Daphne Morrison (English/alternate formats)

Eduardo Aragon (translations)

Publishing co-ordinator: Candice Lee

Many people have contributed to the development of

this booklet and earlier versions of it. They represent awide variety of community groups, service providers,

legal services, government agencies, and government

policy developers who are concerned about violence

against women in relationships. While they are too

numerous to list here, their contributions are greatly

appreciated.

We also gratefully acknowledge Community Legal

Education Ontario (CLEO) for the use of information from

their booklet Do You Know a Woman Who Is Being

Abused?: A legal rights handbook, 1997.

Canadian Cataloguing in Publication Data

Main entry under title:

Speaking of abuse: violence against women in

relationships

Co-published by Justice Institute of BritishColumbia.

ISBN 0-7726-3735-0

1. Wife abuse - British Columbia.

2. Abused women - Services for - British Columbia.

3. Abused wives - Legal status, laws, etc. - British

Columbia - Popular works. 4. Legal assistance to

abused wives - British Columbia.I. Justice Institute of British Columbia. Public

Legal Education Program.

HV6626.23.C3S64 1998 362.829209711 C99-960005-2


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