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Family Violence and the Criminal Code

1,308 bytes added, 08:54, 4 August 2023
Information for accused persons
The judge's conditions 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 a court order, 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 court appearance before trial.
 
===Lawyers and your bail hearing===
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 your family lawyer is aware of this fact, especially if you have children.
Whether you're able to get a lawyer or not, make sure you speak to duty counsel before your bail hearing. Duty counsel are lawyers paid by Legal Aid BC 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 waiting in court cells for a bail hearing is high, you may not have very much time with them.
You will 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 factors 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.
==Resources and Links==