==The ''Criminal Code''==
The ''[http://canlii.ca/t/7vf2 Criminal Code]'' , RSC 1985, c C-46 is the main federal legislation on criminal law. The There is no specific crime of family violence in the Criminal Code, but an act can be both a criminal offence under the ''Criminal Code'' does not specifically address and an instance of family violence, but there under the ''[[Family Law Act]]''. There are a number of possible many criminal offences that could apply where there has been family violence, including:
*assault, including common assault,*assault with a weapon or causing bodily harm,and aggravated assault*aggravated sexual assault, including common sexual assault,*sexual assaultwith a weapon or causing bodily harm,and aggravated sexual assault*murder and attempted murder,*stalking (criminal harassment(including stalking),*making threats (uttering threats),*keeping offences related to firearms* trespassing at night* unlawful confinement (restraining someone against their will )* kidnapping* distribution of intimate images* conveying false information with intent to injure* mischief (unlawful confinementdestroying or damaging property), and*kidnapping.cruelty to animals* arson* financial offences including theft, misappropriation of money held under direction, extortion, forgery, or fraud
In <span class="noglossary">order</span> Offences against property like arson and mischief can occur even where a person is damaging their own property, for any of these charges example when arson is to be laid, a complaint must be made to the police. Normally, this takes the form of an emergency 911 call. The police will come to your home and interview you and anyone else who witnessed the eventthat people live in.
After Family violence committed against the police have conducted their investigation, the lead officer prepares children of a document called a ''Report to Crown Counsel'' and sends it to crown counsel (the lawyer for the government)relationship may also result in criminal charges. Among other things, the Report Some charges more commonly involving harm to Crown Counsel describes witnesses' statements and recommends if charges should be laid. Crown counsel then decides whether there is enough evidence children are:* failure to lay charges. If they think there is enough evidence, crown counsel will approve the charges and the matter will be set for a hearing before a judge.provide necessities of life* abandoning child* criminal negligence
==Information for abused persons==If your partner or ex-spouse commits a crime against someone other than you or your children, this may not be ''family violence'', but it could still impact your family law matter. For example, criminal convictions against them could influence orders respecting parental responsibilities, parenting time, and contact with children.
If you have suffered family violence, call the ==The criminal process==The criminal process starts with a report being made to police. Nothing A report can be made by a victim of a crime or a witness to a crime. Police will happen until you do. If there is evidence of abuse, assess the police can arrest your partner report and may take them into <span class="noglossary">custody</span>. To find out more about what the open a police can do, you may wish to read [http://clicklaw.bc.ca/resource/2412 Getting Help from the Police or RCMP] and[http://clicklaw.bc.ca/resource/2237 Surviving Relationship Violence file and Abuse]investigate. If your partner is taken into <span class="noglossary">custody</span>, they will stay there until a judge is able to speak to them. Most of Investigations typically involve interviewing the timecomplainant, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearinginterviewing witnesses, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in assessing a document called a ''recognizance'' or an ''undertaking''crime scene.
It's important to note that you call a victim of a crime in a criminal proceeding has less control over the police right awayprocess than a survivor of family violence does in a family court. A survivor of family violence in a family law case decides whether or not to ask for a protection order in family court. In a criminal process, decisions are made by ''Crown counsel'', or at least fairly soon after who works for and represents the state (i.e. the government). These people are also called ''Crown prosecutors'' since they are the violencegovernment lawyers who prosecute criminal offences. The police will sometimes refuse to take <span class="noglossary">action</span> An accused under criminal law is being prosecuted for a crime against your partner on the ground that state, so Crown counsel is the complaint was made out one in control. The victim of malice the crime is a witness in the state's case against the accused. While some police or Crown counsel may ask a desire complainant for revenge because their opinion, the ultimately decision about how the case proceeds will be made by Crown counsel. This extends to cases where police and Crown counsel are prosecuting a breach of a family court protection order. As a witness, the victim might be the breakdown of ''complainant'', but they have no representation in the relationshipcourt (except in very specific circumstances).
You should tell In some circumstances, the police — will immediately come to the crime scene and perhaps crown counsel — about all of your concerns with your partnermay arrest a suspect. In other cases, whether they're about yourself where the crime has already happened or your children. You should also tell there is no immediate danger, the police about past incidents of family violence, and whether your partner has ever been arrested for similar problems may take longer to investigate or make an arrest. If there are children present or involved in the past. If your partner is taken into <span class="noglossary">custody</span>alleged offence, you will want your concerns addressed in the recognizance on which your partner police will be releasedtypically notify child protection services, who may also intervene. Among other things, the court can require that your partner:
*not go to your homeAfter the police have conducted their investigation, school, or workplace,*not go they may prepare a document called a ''Report to your childrenCrown Counsel''s school or daycare,*not come within a certain distance of your homeand send it to crown counsel. Among other things,*not <span class="noglossary">contact</span> you or the children, directly or indirectly, Report to Crown Counsel describes witnesses’ statements and*fulfill any other condition that may recommends if charges should be necessary for laid. Crown counsel decides whether there is enough evidence to lay charges. If they think there is enough evidence, crown counsel will approve the safety of you charges and your childrenbegin the criminal court process.
Finally, ask that the police and crown counsel keep you up to speed Depending on how the progress process of investigation, arrest, and charges unfold, an accused person may be arrested and held in custody while the criminal case; you should also ask for a copy of your statement matter is being decided, or they may be arrested and then released into the community on conditions (usually called an ''undertaking'' or ''recognizance that your partner '') until the criminal matter is released onfinished.
===Breaching If released into the recognizance===community until trial, an accused person will normally be on conditions to not contact or communicate with the complainant and other witnesses until their charges are completed. Additionally, the release conditions may require that they:* surrender or not possess firearms and/or weapons* not go to the complainant’s home, school, or workplace* not go to the complainant’s children's school or daycare* not come within a certain distance of the complainant’s home* not contact the complainant or the children, directly or indirectly* fulfill any other conditions that may be necessary for the safety of the complainant and the children
If your partner doesn't follow The criminal court process takes time. Typically the terms of their recognizance or undertaking, call first court date is several months from the policeinitial incident. They won't be aware The first court date is typically used to ensure that there's the accused person has information about the charges and evidence, to determine if they have a lawyer, and to schedule further problem unless you let them knowcourt dates. There are often several “scheduling” dates before either a guilty plea is entered or a trial date is scheduled.
===Call VictimLinkOutcomes for criminal cases===
Sometimes calling There are three general paths that criminal cases can take. The first is when the police isncharges are ''withdrawn'' (permanently dropped) or ''stayed''t enough (put on hold, often indefinitely) by Crown counsel. This happens when the Crown counsel no longer thinks they can prove the offence or they have decided it is not in the public interest to proceed. The second path occurs when the accused pleads guilty. This is when the accused person agrees that they committed a crime. Guilty pleas often involve the accused making an agreement with Crown counsel to proceed on fewer or less serious offences and you may need counselling also include an agreement that both Crown counsel and the accused will ask the judge to order the same sentence. The third path is going to help you cope with trial, which happens when the accused person denies that the violencecrime happened. In particularly bad situations you may need At a safe place trial, Crown counsel must prove to stay with your children until the criminal proceeding can be dealt withcourt that the accused person committed the crime.
Call [http://wwwIf the accused person pleads guilty or is found guilty after a trial, a judge will determine what sentence should be applied.clicklawThe sentencing hearing does not always happen on the same court date as the trial or guilty plea.bc.ca/helpmap/service/1055 VictimLink BC] at 1-800-563-0808 for assistance. VictimLink BC is What sentence a province-wide telephone help line for victims judge chooses will depend on the circumstances of family violence, the offence and all other crimes at VictimLink BC, a support worker can provide information and referrals any past record of conduct related to help you deal with the effects of offence. Because offences related to family violencecover a wide range of circumstances, and arrange the sentences for crisis support counselling. VictimLink BC is available free to people across BC and Yukon 24 hours a day, seven days a weekfamily violence cases can be very different.
You may feel Some sentences that you need to leave the family home, or you a person may want to develop face after a safety plan in case your partner becomes violent again. A victim support worker finding of guilt are:* a ''discharge'', which can help you develop be absolute or be accompanied by certain conditions; as long as any conditions are successfully completed no conviction is registered* a safety plan or find ''suspended sentence'', with conditions, which means a place to stay. Againperiod of probation, call VictimLink BC and ask to speak a criminal conviction* a ''conditional sentence'', which generally means house arrest* a ''jail sentence''* a ''fine'', which may also be combined with a victim support worker.jail sentence
===Getting back together===A finding of guilt normally results in a criminal record that will impact a person even after the sentence is complete. Criminal records can restrict employment, prevent someone from volunteering, and limit a person's ability to travel outside of Canada.
You must speak In addition to crown counsel if you want to get back together with your partnerthe sentences outlined above, or if you want Crown counsel decides not to <span class="noglossary">contact</span> themseek a criminal conviction and sentence, or stop they may still ask the criminal process. You cannot change court to order a peace bond either under section 810 of the terms of your partner's recognizance 'Criminal Code'' or drop the charges yourselfcommon law. Only crown counsel can do A peace bond is a preventive order. It does not require proof thata crime has taken place, does not result in a criminal conviction, and it is not intended as a punishment. If you <span class="noglossary">contact</span> your partnerInstead, you could be making matters worse since you'll be inviting them the Crown must show that the complainant has a reasonable basis for fearing the accused person. The court will then order conditions to break protect the complainant, often including orders prohibiting contact. If the terms of person breaches the recognizancepeace bond, which might result in further criminal charges against your spousethey may be criminally charged for breaking a court order.
==Information for those who have experienced violence=====Victim Services===As part of our criminal justice system the provincial government runs victim services programs. Victim services are available throughout BC to anyone who has been a victim of a crime, and can also provide support to family members and witnesses. 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. To get connected with a local victim services organization, call VictimLink BC at 1-800-563-0808 for assistance. [http://www.clicklaw.bc.ca/helpmap/service/1055 VictimLink BC] is a province-wide telephone help available free to people across BC and Yukon 24 hours a day, seven days a week. A support worker at VictimLink can either help you by providing:* help understanding and dealing with the effects of a crime* safety planning* emotional support* referrals to other community agencies that can help* help understanding what happens in court and providing support and guidance through the court process* help accessing information about and applying for financial benefits, if eligible Victim services are either run by the police (''police-based victim services''), or run by community organizations, (''community-based victim services''). You do not need to make a report to the police to access community-based victim services. You can access both police-based and community-based victim services if you have reported to police. ===Making a report===If you choose to start the criminal process the first step is to make a report to the police. Many people are hesitant to report domestic violence. People can be afraid they won't be believed or that it will make things worse. Connecting with community-based victim services through VictimLink can be a good way to help you understand the criminal process and feel supported when choosing whether to make a report to police. In cases where you or your children are in immediate danger it is important to phone 911 right away. Though you do not need to immediately make a report to police after an incident of domestic violence, there are some good reasons to make reports as soon as possible. These include:* Some criminal offences must be charged within 6 months of the incident* If you are in danger, making a police report may result in the police taking actions to protect you* Evidence is often easier to gather close to an incident* Myths and stereotypes still exist in our system, and a late report may cause the police, crown counsel, or a judge to believe the reported violence is less serious or they may believe you are untruthful Until a report has been made to the police, by you or another person, the criminal process will not begin. ===Changing no-contact release conditions===It is important to remember that release conditions in ''undertakings'' or ''recognizances'' are legally binding conditions that an accused personsperson must follow. That means if they break their release conditions they can be arrested for breaching the terms of their release, which is a serious criminal offence. If your partner doesn't follow the terms of their recognizance or undertaking, you may call the police or you can contact community-based victim services to assist you if you choose to report the breach. Many parties may want to be able to communicate with each other despite criminal charges. Sometimes it is necessary for arranging parenting or sometimes people want to receive help during a difficult situation but never wanted to end their relationship. You cannot change the terms of your partner's recognizance or drop the charges yourself, only a judge can do that. If you want your partner’s release conditions changed, you may speak to Crown counsel. If you contact your partner without changing the conditions, you could be complicating the situation by inviting them to break the terms of the recognizance. This can result in further criminal charges against your spouse. It may also lead police to believe that you don’t really need protection and can lead to difficulty with enforcement of the conditions in the future. If you are considering changing no-contact release conditions, talk with a community-based victim services worker to help ensure you and your children’s safety remains paramount in this process. ===Keeping updated on the criminal process=== You can ask that the police and Crown counsel keep you up to speed on the progress of the criminal case. Police and Crown counsel will be limited in the information they can give you. This can be because of privacy considerations and because you are a witness. Crown and police may direct you to victim services instead of communicating with you directly.
It is the policy You should also ask for a copy of your statement and the provincial Ministry of Justice recognizance that incidents of spousal assault are to be treated as significant crimesyour ex-partner is released on. As If you have a resultlawyer for family court, if your partner accuses you give copies of assault, you may be arrested and you could be taken these documents to jail overnightthem.
If this happensDepending on the type of charges, you will appear before a can also use the [https://justice of the peace or a judge for a bail hearing. If you are arrested on a Friday, this may mean that you'll spend the weekend in custody, although provincial court judges are usually available by telephone or video linkgov.bc. At the bail hearing, the judge will normally require that you promise to follow certain conditions if you want to be released from custodyca/cso/index. If you do not agree Court Services Online website] to abide by monitor the terms the judge wants, you will not be released and you'll stay in jail until the hearing of the charges against youaccused person’s upcoming court dates.
TypicallyYou can go to your ex-partner’s court dates, bail but in cases where there are no-contact conditions include:or a protection order, it can be better to not attend. Many courthouses are small and poorly set up to keep complainants and accused persons separate. There may only be one waiting room and limited sheriffs. Another consideration is that many court appearances are often not scheduled for a specific time, so you could be waiting all day to watch a quick adjournment with no new information being provided.
*===If the criminal charges are not to have <span classpursued==="noglossary">contact</span> with your spouse, either directly There is a good chance that Crown counsel or indirectly,*the police will choose not to go to your spouse's home, school, or workplaceproceed with the criminal charges. There are many reasons that criminal charges are not pursued, and*many of them do not have anything to keep do with whether the peace and be of good behaviourincident happened or not.
Other conditions might include restrictions on If you have concerns for your use safety, or the safety of alcohol and drugsyour children, it can be a curfewgood idea to get a family court protection order, a requirement that you report even if your ex-partner is subject to criminal court conditions. Crown counsel may decide not to a parole officer pursue the charges against your ex-partner, and if the charges are withdrawn or the policestayed, a requirement any conditions that you not go within a certain number of blocks of the complainant's home, a requirement accused person was required to follow will also come to an end. It is also important to remember that you can apply for a family law protection order even if police do not possess firearms investigate, or other weapons, and so forthCrown counsel do not lay charges.
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 ==Information for breaching them, 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 hearing before trial.accused persons==
===Lawyers It is the policy of the provincial Ministry of Justice that incidents of spousal assault are to be treated as significant crimes. As a result, if your partner or another person makes a report to the police about domestic violence, you may be arrested and your bail hearing===you could be taken to jail overnight.
You have If this happens, you will appear before a right to <span class="noglossary">contact</span> justice of the peace or a judge for a lawyer when bail hearing. If you are arrestedon a Friday, this may mean that you will spend the weekend in custody, although provincial court judges are usually available by telephone or video link. Most importantlyAt the bail hearing, the judge will normally require that you have a right promise to have a lawyer represent follow certain conditions if you at your bail hearing. Call onewant to be released from custody. If family law proceedings have already started you do not agree to abide by the terms the judge wants, you will not be released and will stay in civil court, make sure that jail until the lawyer is aware hearing of the fact, especially if charges against you have children.
Whether you're able to get a lawyer or notTypically, make sure you speak to duty counsel before your bail hearing. Duty counsel are lawyers paid by the [httpconditions include://www.lss.bc.ca Legal Services Society] to give advice and limited help * not to people who have been arrested and do contact with the person you are charged with harming, either directly or indirectly* not have legal representation. Usually, duty counsel will try to speak go to everyone who has been arrested before the bail hearing. Howevertheir home, school, if or workplace* to keep the number peace and be of people stuck in cells is high, you may not have that much time with them.good behaviour
You will doubtless want Other conditions might include restrictions on your use of alcohol and drugs, a curfew, a requirement that you report to ensure a bail supervisor or the police, a requirement that you not go within a certain number of blocks of the terms of your recognizance are faircomplainant's home, or a requirement that you not too restrictive, and don't interfere with your ability to see your children possess firearms or go to workother weapons.
Under certain circumstances, The judge's conditions will be written down in a document called a ''recognizance'' or an ''undertaking''. It is critical that you may not be released from <span class="noglossary">custody</span>, regardless of follow the conditions terms set out in your recognizance. If youdon're prepared to agree to. This will depend on things such as the gravity of the alleged offencet, any history of related criminal convictionsyou can be arrested for breaching a court order, and the opinion of the crown face a criminal trial on that charge as to the circumstances well. The terms of your recognizance will remain in effect until the offencetrial or until they are changed at a court appearance before trial.
===Getting back together===
Often a couple will want to get back together or even just want to talk about things after an arrest has been made. Sometimes the complainant will want to ''drop the charges''. A couple of points need to be mentioned:
*'''Dropping the charges:''' Criminal charges are laid by crown counsel, not by the complainant. The complainant cannot drop the charges. Only the crown can do that.
*'''Communication with your spouse:''' Do not talk to the complainant, even if they contact you, if your recognizance does not allow you to communicate with them. No matter who initiates the <span class="noglossary">contact</span>, communicating with the complainant is still a breach of the terms of your recognizance and you may face criminal charges for that breach, as well as the other charges.
*'''Reconciliation:''' If the complainant truly wishes to get back together with you, they must talk to crown counsel and ask that the terms of your recognizance be changed to allow you to communicate with each other or share the same residence. There must be a hearing to vary the terms of the recognizance before those terms will be officially changed.
==The consequences of criminal charges==
Among other things, criminal charges relating to family violence can lead to:
*a ''stay of proceedings'', when the crown doesn't take the charges to trial and no criminal conviction is entered,
*a ''discharge'' following trial or a guilty plea (a discharge can be absolute or come with certain conditions, like a probation period, and depending on the type of discharge, there may or may not be a conviction and a criminal record),
*a ''suspended sentence'', with conditions, a period of probation, and a criminal conviction,
*a ''peace bond'' under section 810 of the ''Criminal Code'', under which the accused will be required to comply with certain conditions, but which is not a criminal conviction and won't give the accused a criminal record, or
*a conviction punished by a fine, jail time, or both a fine and time in jail.
The most common results of family violence charges are a suspended sentence with probation or a short period of time in jail. Of course, the consequences of a guilty verdict will depend on the circumstances of the offence and any past record of conduct related to the offence.
==Resources and Links==