If you or someone you know is experiencing family violence, you have options. Help is available from the police, community workers, and the court system. Learn the steps you can take.  ==Understand your legal rights=What = ===Family violence is family violence?the abuse of power==='''Family violence ''' is the abuse of power to harm or control a person who was or is a family member. It’s It includes real or attempted physical abuse. And it includes more than just hitting a partner or child. Family violence also includes:*physical abuse and attempted physical abuse, such as pushing, hitting, grabbing, and forcibly confining*sexual abuse, and or attempted sexual abuse*psychological and or emotional abuse*harassment, intimidation and or coercion*threats, including threats to other people and or pets*stalking and or following

In the case of children, family violence includes being exposed to family violence, including indirect exposure to family violence, such as seeing violence between family members.

==Abuse is wrong==If you’re in immediate danger===No one deserves to be abused. It’s against the law for anyone to physically abuse, threaten harass or harass stalk another person, or to threaten to hurt them physically. A person who does any of these things to their partner (whether in a married relationship you or an unmarried relationship) your children can be charged with '''assault'''. ====Call the police====If you’re afraid and think you, your children or others are in immediate danger from your partner, call the police right away by '''dialling 9-1-1'''.

==What can you do about family violence in The police will take steps to ensure your relationship?==In an emergency, call safety and the policesafety of others. In addition to ensuring you are safeAs well, the police can gather evidence from you and others. This will help them assess whether to recommend criminal charges may be necessaryor a '''peace bond''', or that you seek a '''protection order''', which is a court order to protect one person from another. These possibilities are discussed shortly. They  ====Tap into community services====The police can also connect you to community services, which might include helping you find emergency shelter. You and your children might be able to stay in a nearby '''transition house ''' for up to several weeks. This will help give you time to find a new place to live.

Whether ===If you aren’t in immediate danger, but still fear for your safety===If it’s not an emergency and you want to stay in your relationship, you could get help from a counsellor or victim support worker. They can meet with you, or with you and your partner, to help address the issues underlying the family violence, with emotional support, or with developing a safety plan.  Some people have insurance for counselling through their extended health benefit plans or notemployee assistance programs. But some services are free and you don’t have to pay. If going to counselling with your partner isn’t an option, you may benefit from speaking with a counsellor on your own to decide the next steps for yourself and your children. ====Community services are available to help====These community and healthcare services can help with counselling and support. *[http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Victim Link BC] is a 24-hour victim information and helpline. Call toll-free 1-800-563-0808 from anywhere in BC. Operators provide immediate crisis support to victims of family violence.*[http://www.bwss.org/ Battered Women’s Support Services] offers crisis support and counselling for women who have experienced abuse in an intimate relationship. The intake and counselling line is 604-687-1867 in the Lower Mainland and toll-free 1-855-867-1868.*[http://www.vlmfss.ca/ Vancouver & Lower Mainland Multicultural Family Support Services] offers counselling for victims of family violence and children who witness abuse. They can provide a translator for police or court interviews. Their toll-free phone number is 1-888-436-1025.*[http://www.fsgv.ca/ Family Services of Greater Vancouver] offers counselling and other services for victims of family violence, including programs relating to abuse prevention and trauma. Call 604-731-4951. *[http://www.fsgv.ca/ BC Society of Transition Houses] offers safe temporary shelter for up to 30 days for women and children experiencing family violence. They also apply offer group and individual counselling for children and youth who witness family conflicts and violence. Contact them at 604-669-6943 in Vancouver or 1-800-661-1040 elsewhere in BC.*[http://www.rapereliefshelter.bc.ca/ Vancouver Rape Relief & Women’s Shelter] operates a transition house for women and their children and a 24-hour crisis line for women who are trying to court prevent or escape family violence. Call 604-872-8212.*Vancouver General Hospital operates a 24-hour domestic violence service that offers clinical counselling services to victims of family violence. Call 604-875-5458. ===If criminal charges are laid===If you contact the police, they will investigate by taking a statement from you, your partner and any witnesses. If the police believe that criminal charges are appropriate, they’ll prepare a report for the '''prosecutor''', called Crown counsel. Crown counsel will review the report and decide whether to lay a criminal charge. If Crown counsel charges your partner with a criminal offence such as assault, the police will arrest your partner.  ====Most people charged are released on bail====Most people charged with a criminal offence aren’t kept in police custody, but are released on '''bail'''protection on conditions ordered by a judge. For example, your partner may be released on conditions they not have any contact with you or come to your home, work or school. If your partner doesn’t obey the conditions, you can tell the police. Your partner may be arrested and charged with breaking the bail order. If such conditions are ordered, but you and your children want to have contact with your partner, you’ll need to talk to Crown counsel about changing the bail order. ====If your partner pressures you to drop criminal charges====If your partner is charged, they may pressure you to get the charge dropped. This may not be possible, because it is Crown counsel who lays the charge against your partner, not you. You should report any pressure or contact from your partner to the police. ===If there is a criminal trial===If your partner is charged with a criminal offence, they might decide to '''plead guilty'' under ' to the BC charge. A guilty plea means they accept responsibility for the offence. If they choose not to plead guilty, a '''trial'''will be held.  ====Your role in the trial====You’ll tell the judge what happened. Although Crown Counsel is the government’s lawyer, they will help you prepare to testify. If you’re in Vancouver, you can also get help with the criminal court process and getting ready for trial by contacting the Vancouver Police Department Victim Services Unit at 604-717-2737. For more information on the court process, see the [http://www.bclawsprovincialcourt.bc.ca/civix/document/id/complete/statreg/11025_01 Family Law ActProvincial Court website]''. This is discussed below.

====If it’s not an emergency and you want to stay in your relationship, you could get counselling for partner is convicted====If your partner is convicted of assaulting or for both of threatening you and your partner. Abuse is wrong; your partner does not have the right , they would usually be ordered to abuse youpay a fine or placed on probation with conditions. If they will The conditions might include not stop, contacting you should think about separatingor attending counselling or an anger management program. Contact information for several counselling services The judge is provided belowunlikely to send your partner to jail unless your partner was previously convicted of assault or the incident was extremely violent.

==What if you’re not sure about calling the police?=Your partner may enter into a “peace bond”===If you’re afraid but don’t feel comfortable calling You may think the police, criminal court process isn’t the best way for you and your partner to deal with violence in your relationship. Crown counsel may be willing to drop the following services can help:*Vancouver General Hospital operates criminal charge against your partner if your partner enters into a 24-hour '''peace bond''' under ''[httphttps://www.vchcanlii.org/en/ca/locationslaws/stat/rsc-1985-c-andc-services46/findlatest/rsc-health1985-services/?program_id=11809 Domestic Violence Service at Jim Pattison Pavilion – Emergency Department] (920 West 10th Avenue, Vancouver)c-c-46. It offers clinical counselling services provided to women and men who have been abused by an intimate partner or family member. Services are free under html#sec810_smooth section 810 of the Medical Services Plan. Call 604.875.5458 or contact Social Worker Department at 604.875.5218Criminal Code]''.

==What counselling or similar services are available This involves your partner agreeing to help?==Victims of family violence should seek help from community support workers, social workers or healthcare professionals to make sure that they have a plan to protect their health keep the peace and safety. Some people have insurance obey certain conditions — for counselling through their extended health benefit plans or employee assistance programs. But some services are free and example, not contacting you don’t have to payfor a certain time. If going to counselling with your partner isn’t an optionobeys the conditions, you may benefit from speaking with they won’t have a counsellor on criminal record. If your own partner doesn’t obey the conditions, they can be sent to decide trial on the next steps original criminal charge plus a new charge for breaching the peace bond. See our information on [[Applying for yourself a Peace Bond and your childrenFiling Assault Charges (Script 217)|peace bonds (no. 217)]] for more on this process.

==Some services available=You may seek a protection order in family court===*'''[http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC]''' is a 24-hour victim’s information and help line. Call toll-free 1.800.563.0808 Another option to protect you from anywhere in BC to connect with a Stopping the Violence Counselling or Children Who Witness Abuse Counselling Program in your area.*The '''[http://www.bwss.org/ Battered Women’s Support Services]''' offers support groups, advocacy, counselling over the telephone and much more. The intake and counselling line family violence is 604.687.1867 and toll-free 1.855.867.1868.*The '''[http://www.vlmfss.ca/ Vancouver & Lower Mainland Multicultural Family Support Services Society]''' offers counselling for victims of domestic violence and children who witness abuse, and can provide a translator for police or court interviews. The phone number is 604.436.1025, and the agency is open from 9:00 am you to 5:00 pm from Monday apply to Friday.*'''[http://www.fsgv.ca/ Family Services of Greater Vancouver]''' offers a wide variety of services family court for victims of domestic violence, including programs relating to abuse prevention and trauma. Call 604.731.4951 or check their website. Also, in partnership with Family Services, the Vancouver Police Department operates a Domestic Violence and Criminal Harassment Unit that provides follow-up, especially if your partner has assaulted you violently or often.*The '''[http://www.bcsth.ca/ BC Society of Transition Houses]protection order''' offers safe temporary shelter for up to 30 days for women and children experiencing domestic violence. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Contact under the society at 604.669.6943 in Vancouver or 1.800.661.1040 elsewhere in BC.*'''[httphttps://www.rapereliefsheltercanlii.bc.ca/ Vancouver Rape Relief & Women’s Shelter]''' operates a transition house for women and their children and a 24 crisis line for women who are trying to prevent or escape male violence. Call crisis line anytime at 604.872.8212.*Check the Victim Service and '''[https:org/en/www2.gov.bc.ca/govlaws/contentstat/justice/criminal-justice/bcssbc-criminal2011-justicec-system25/if-you-are-a-victim-of-a-crimelatest/victimsbc-of2011-crime/victimc-services-directory Violence Against Women Program Directory25.html#sec183_smooth Family Law Act]'''.A protection order can restrain your partner:*in how they communicate with you*from going to your home, school or work*from stalking you*from possessing weapons

==What about criminal court as an option?==If you contact A protection order can also require the police, they will investigate by taking a statement :*to remove your partner from you, the home*to escort your partner while your partner and any witnesses. If removes their personal property from the police believe that criminal charges are appropriate, they’ll prepare a report for the prosecutor, called “Crown Counsel”. Crown Counsel will review the report and will decide whether home*to lay a criminal charge.seize your partner’s weapons

==What happens if criminal charges are laid?==If Crown Counsel charges A protection order can also require your partner with a criminal offence such as assault, to report to the police will arrest them. Most people charged with a criminal offence aren’t kept in police custody, but are released on bail on conditions ordered by a judge. For example, your partner may be released on conditions that they not have any contact with you or come to your home, work, or schoolcourt.

If your partner doesn’t obey ===Applying for a protection order===You can apply yourself for a protection order under the conditions''Family Law Act'', or you can tell get help from a lawyer. You can apply in either the policeSupreme Court or the Provincial Court. They You may be arrested and charged with breaking find the bail orderpaperwork easier in Provincial Court.

If such conditions are orderedIn the Supreme Court, but you will need to prepare a '''notice of claim''' and a '''notice of application''' (or just a notice of application if there is already a court proceeding between you and your children want to have contact with your spouse or partner), you’ll need to talk to Crown Counsel plus an '''affidavit''' describing what happened and what your concerns are. An affidavit is a legal document where you make statements about changing the bail orderfacts you say are true.

==Can criminal charges be dropped?==If your partner is chargedIn the Provincial Court, they may pressure you will need to get the charge dropped. This may not be possible, because it prepare an '''application for an order''' and a “'''notice of motion'''” (or just a notice of motion if there is Crown Counsel who lays the charge against your partneralready a court proceeding), not and you. You should report any pressure will need to either prepare an affidavit or contact from testify in court about your partner to the policeconcerns.

==Will there You might be a trial?==If your partner doesn’t plead guilty able to the criminal charge, get help from a trial will be held[https://www2. You’ll tell the judge what happenedgov. Although Crown Counsel is the government’s lawyer, Crown Counsel will help you prepare to testifybc. You ca/gov/content/life-events/divorce/family-justice/who-can also get -help/family-justice-counsellors family justice counsellor] (government workers who help in monitoring the criminal court process and getting ready for trial by contacting the Vancouver Police Department Victim Services Unit at 604.717.2737. For more information on with the court process, see the ) or [httphttps://www.provincialcourtlss.bc.ca/ Provincial Court websitelegal_aid/familyDutyCounsel.php legal aid duty counsel](lawyers present at the court who provide free advice). Depending on the court’s location, a protection order can often be obtained quickly — even on the same day in some circumstances.

==What if your partner is convicted?Common questions==If your partner is convicted of assaulting or threatening you, they would usually be ordered to pay a fine or will be placed on probation with conditions, such as not contacting you, or attending counselling or an anger management program. The judge probably won’t send your partner to jail, unless they were previously convicted of assault or the incident was extremely violent.

===What is a peace bondif I am concerned about someone else’s safety?===You may decide that the criminal court process isn’t the best way Anyone can apply for you and your partner to deal with violence in your relationship. Crown Counsel may be willing to drop the criminal charge against your partner if they enter into a peace bond protection order under section 810 of the BC ''Criminal Code''[https://www. This involves your partner agreeing to keep the peace and obey certain conditions, for example, not contacting you for a certain timecanlii. If your partner obeys the conditions, they won’t have a criminal recordorg/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25. If your partner doesn’t obey the conditionshtml#sec183_smooth Family Law Act]'', if they can be sent to trial are doing it on the original criminal charge plus a new charge for breaching the peace bond. Check script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] for more on applying for a peace bondbehalf of someone who is at risk of family violence.

===What about asking for if a protection order in civil courtconflicts with another order?===Another option is to apply to the Provincial Court or to the Supreme Court for a The ''Family Law Act''says that if a protection order''' conflicts with another order made under the BC ''Family Law Act''. A protection order can:*restrain or restrict how your partner communicates with you;*restrain your partner from going to your home, school or place the parts of employment;*restrain your partner from stalking you;*restrain your partner from possessing weapons;*require the police to remove your partner from other order that conflict with the home;*require protection order are suspended. This might happen, for example, if there is an older order for parenting time and a newer protection order says the police to escort your partner while your partner removes their personal property from restrained person cannot communicate with the home;*require children. In such a case, the police to seize your partner’s weapons; and,*require your partner to report to parts of the courtolder order about parenting time would be suspended.

The This rule also covers orders that are like protection orders made in another province or under the ''Family Law ActCriminal Code'' requires the police to enforce protection orders.

==Do you need a lawyer to get =What if my partner ignores a protection order?===You If your partner continues to harass you, they can be arrested. Your partner can apply yourself be charged with a criminal offence for a breaching the protection order in either and can be brought before the Supreme Court or the Provincial Court, but you may find the paperwork easier in Provincial Courtcourt. In the Supreme Court, you Your partner will need to prepare a Notice of Family Claim and a Notice of Application or just a Notice of Application be released if there the judge is already a court proceeding between you and your partner, plus an affidavit describing what has happened and what your concerns satisfied they are. In the Provincial Court, you will need to prepare an Application to Obtain an Order and a Notice of Motion, or just not a Notice of Motion if there is already a court proceeding, and you will need danger to either prepare an affidavit or testify in court about your concernssafety.

A family justice worker or legal aid duty counsel might be able to ==Get help you. Depending on the court’s location, a protection order can often be obtained quickly—even on the same day in some circumstances.==

==What if =If you are concerned about someone else?can’t afford a lawyer===Anyone can apply for Legal aid is available to some people who cannot afford a protection order lawyer. The '''Legal Services Society''' website lists legal aid office locations. elsewhere in BC. When applying for someone else who is at risk of family legal aid, mention you fear continued violencefrom your partner.:Telephone: 604-408-2172 in Greater Vancouver :Toll-free: 1-866-577-2525:Web: [https://legalaid.bc.ca/legal_aid/legalAidLocations.php legalaid.bc.ca]

==What if the protection order conflicts with another order?==The ''Family Law Act'Justice Access Centers''' says that if offer a protection orderrange of services designed to help people solve family legal problems. :Telephone: 604-660-2084 in Vancouver, including orders that are like protection orders made 250-356-7012 in another province or under the ''Criminal Code''Victoria, conflicts with another order made under the ''Family Law Act'', the parts of the other order that conflict with the protection order are suspendedand 1-800-578-8511 in Nanaimo:Web: [http://www.ag.gov.bc.ca/justice-access-centre/ ag.gov. This might happen if there is an older order for parenting time and a newer protection says that the restrained person cannot communicate with the children; the parts of the older order about parenting time would be suspendedbc.ca/justice-access-centre]

==What if your partner ignores At '''Access Pro Bono''' clinics throughout BC, volunteer lawyers provide free legal advice to people with limited means. :Telephone: 604-878-7400 in the protection order?==Lower Mainland :Toll-free: 1-877-762-6664 If your partner continues to harass you, they can be arrested:Web: [http://www.ag.gov. Your partner can be charged with a criminal offence for breaching the protection order and can be brought before the courtbc. Your partner will be released if the judge is satisfied that they are not a danger to your safetyca/justice-access-centre/ accessprobono.ca]

==Free legal services are sometimes available=More information===Legal aid is available See our information on [[Peace Bonds and Assault Charges (Script 217)|peace bonds (no. 217)]] for more on the process to some people who cannot afford get a lawyer if they qualify financially. peace bond under section [https://legalaidwww.bccanlii.org/en/ca/legal_aidlaws/stat/legalAidLocationsrsc-1985-c-c-46/latest/rsc-1985-c-c-46.php Legal aid locationshtml#sec810_smooth 810 of the ''Criminal Code''] are listed on its website. Or call the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC). When applying for legal aid, you should mention that you fear further and continued violence from your partner.

Other sources of free legal advice:*[http://www.supremecourtselfhelp.bc.ca/ Supreme Court Self Help Centre] The Legal Services Society’s '''Family Law in VancouverBC website''' includes extensive information on family violence.*:Web: [http://www.accessprobonofamilylaw.ca/ Access Probono] at 604lss.878bc.7400 or 1.877.762.6664.*[http:ca/legal_issues/wwwabuseBasics.agphp familylaw.govlss.bc.ca/justice-access-centre/ Justice Access Centers] in Vancouver (604.660.2084), Nanaimo (1.800.578.8511) and Victoria (250.356.7012).

==More information==*Check script [The '''BC government'''’s [Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges”.*See the provincial government’s [httphttps://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime /victim-of-crime/victim-services-directory Victim Services websiteand Violence Against Women Program Directory]provides contact information for service providers across the province that assist women and children impacted by violence.*Check the Legal Services Society’s :Web: [http://www.familylaw.lssgov.bc.ca/ Family Law in BC website] and [http://www.familylaw.lssvictimservices gov.bc.ca/legal_issues/abuseBasics.php Abuse and family violencevictimservices].

'''The above was last reviewed for legal accuracy by [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield ], [https://www.bowmanlaw.ca/subpage/our-team/erin-bowman/ Butterfield Law], and Erin Bowman, and edited by John BloisBowman Law Centre.'''