This publication contains general information
about one area of the law only. It does not contain a complete statement
of the law in this area. For legal advice about this or any other area
of the law, contact a lawyer. If you do not know a lawyer, call the Lawyer
Referral Service.
What is the Victims of Family
Violence Act?
The Victims of Family Violence Act is a provincial
law which came into effect on December 16, 1996. It
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addresses the need for victims of family violence to
stay in their own homes;
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provides a civil way to supplement the Criminal Code
of Canada; and
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enables the justice system to provide a more effective
and timely response to family violence.
The Act is meant to be used together with the
Criminal
Code. In appropriate cases the police will lay charges under the Criminal
Code and will also seek an order, on behalf of the victim, under the
Victims
of Family Violence Act.
What is family violence?
Family violence is any violence by one family member
against another family member. It includes violence by one partner against
the other, by a parent against a child, a child against a parent, between
brothers and sisters, or involving grandparents.
The Act provides the following definitions:
family relationship:
"...a relationship between:
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man and a woman who are or have been married to each
other or who have cohabited in a spousal or sexual relationship; or
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members of the same family."
victim:"a person who has resided with or is residing
with the respondent* in a family relationship [*the respondent is the abuser];
or
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a person, who with the respondent, is a parent of one
or more children, regardless of marital status or whether the victim and
respondent have lived together at any time, who has been subjected to family
violence by the respondent."
family violence:
includes:
-
"any assault of the victim;
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any reckless act or omission that causes injury to the
victim or damage to property;
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any act or threat that causes a reasonable fear of injury
to the victim or damage to property;
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forced confinement of the victim;
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actions or threats of sexual abuse, physical abuse or
emotional abuse of the victim.
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depriving a victim of food, clothing, medical attention, shelter, transportation or other necessities of life."
How will this Act help
victims?
In many cases, women and children are forced to
leave their home and belongings as a result of family violence. They also
leave the support of family and friends at this time of crisis.
If the safety of the family can be ensured through
an emergency protection order, or a victim assistance order,
victims may be able to stay in their own home and community. These Orders
may also contain other provisions such as:
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temporary custody or day-to-day care of children;
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no contact with the victim; or
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no further acts of violence.
The Act also states clearly that if the abuser
encourages another person to commit a violent act against the victims, then
the abuser will be held personally responsible for the violence.
The Act does not replace the need for a shelter
for women and children who are the victims of family violence. In some
cases police will not be able to guarantee the safety of the victim; in
other cases the victim may feel the need to leave the home where violence
is happening. This law gives us another way to help victims and
clearly sends out the message that family violence is never acceptable.
The Act provides two ways to help family members
who are victims of family violence:
Emergency Protection Orders, and
Victim Assistance Orders.
What is an Emergency Protection
Order?
An emergency protection order gives us a
way to take immediate action to protect a victim of family violence in
an emergency situation. It is:
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available 24 hours a day;
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authorized by a specially designated justice of the
peace;
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effective as soon as the abuser is told about it; and
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remains in effect for as long as directed by the justice
of the peace (up to 90 days).
Every police officer on Prince Edward Island has received
training about the Victims of Family Violence Act. It is usually
a police officer who applies for an emergency protection order on
behalf of the victim. A Victim Services worker may also apply for an emergency
protection order.
When police are called because of family violence
or the fear of family violence, and they believe that the situation is
serious and urgent, they should ask if the victim wishes to apply for an
emergency
protection order. If the answer is "yes," the police officer, acting
on behalf of the victim, will telephone a justice of the peace. When granted,
the order is effective immediately.
An emergency protection order can:
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direct a police officer to remove the abuser from the
home;
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order the abuser not to contact the victim or the victim's
family;
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order the abuser to stay away from any place identified
in the order;
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order the abuser not to take, sell, or damage property;
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order the abuser not to commit any further acts of violence
against the victim;
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give the victim temporary possession of specified personal
property (such as a car);
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give the victim exclusive occupation of the home (for
a stated period of time);
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give temporary custody or day-to-day care of a child
to the victim or another person;
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direct a police officer to accompany the victim or the
abuser to the home to supervise removal of personal belongings; and
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prohibit the publishing of the victim's name and address.
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restrain the abuser from terminating the basic services and utilities.
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require the abuser to make rent or mortgage payments on the residence.
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extend protection to family members of the victim in appropriate circumstances.
An emergency protection order is made only if
a justice of the peace is satisfied that family violence has happened and
that the situation is serious and urgent.
The justice of the peace must look at the nature
and history of family violence, the existence of immediate danger, and
the best interests of the victim or any child or other person in the victim's
care.
The justice of the peace forwards one copy of the
emergency
protection order and all supporting documents to the court. They are
reviewed within five working days by a judge of the Trial Division of the
Supreme Court who decides whether to confirm or change the order or re-hear
the application.
What is a Victim Assistance Order?
Victim assistance orders are meant as a longer
term remedy for victims. They can be used when an emergency protection
order expires or when the situation is no longer an emergency.
The Office of the Attorney
General has published a Victim Assistance Orders Information Kit.
This is available to help victims make an application on their own behalf,
or gain a better understanding of the legislation before meeting with a
lawyer.
Please note: applying
for a victim assistance order is a legal process and you are advised to
talk with a lawyer for advice and help.
If you do not have a lawyer, the
Lawyer
Referral Service may be of help.
Through this service you may speak with a lawyer
for thirty minutes at a cost of $10 plus PST and GST. You can ask the lawyer
if you are eligible for family legal aid.
Family Legal Aid is available to low-income
victims of family violence. To find out if you are eligible for family
legal aid, call the legal aid office at 368-6043 in Charlottetown or 888-8219 in Summerside, or talk to a Victim services worker who will make a referral
in appropriate cases.
A victim assistance order
is made by a judge of the Supreme Court within ten days of the application
being received and approved. It may include the same provisions as an emergency
protection order plus access to children and any other provision the judge
thinks is appropriate.
Any or all of the following may be part of a victim
assistance order:
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exclusive occupation of the home for a defined period
of time;
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removal of the abuser from the home immediately or within
a specified time;
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police supervision of the removal of personal belongings
from the home;
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direction to the abuser to stay away from identified
places;
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temporary custody or day-to-day care of children;
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temporary possession of personal property;
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direction to the abuser to make rent or mortgage payments on the residence.
The abuser may be ordered not to:
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communicate directly or indirectly (i.e. through other
people) with the victim;
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take, sell or damage property; and
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commit any further acts of violence against the victim.
A victim assistance order may also prevent publication
of the victim's name and address; grant access to children while ensuring
the safety and well-being of children and victim; and any other provision
the judge thinks is appropriate.
What are the offences under the
Act?
It is an offence for anyone to:
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fail to comply with the provisions of an order;
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falsely and maliciously make an application;
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obstruct any person who is performing any function authorized
by an order; or
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publish any information in contravention of an order.
How does this Act change
how the justice system deals with family violence?
The Victims of Family Violence Act is a law
that focuses on the needs of victims. It supplements other laws which are
already in place. It gives police and Victim Services one more tool to
use to protect victims of family violence. When these laws are used together
they help to ensure that we respond more effectively to family violence.
If there is clear evidence that child abuse, spousal
assault, sexual assault or any other assault has happened the police will
lay charges under the Criminal Code. These charges cannot be withdrawn
by the victim.
In some cases a recognizance order (Peace Bond) under
the Criminal Code may help to keep someone you fear from contacting you.
Where a child's safety may be at risk, Child Protection can take action including possibly removing the child from
the family using the Child Protection Act.
In some cases an application for a restraining order
can be made under the Family Law Act.
When a vulnerable adult is at risk, the Adult
Protection Act may be used to ensure safety.
How can a victim use this law?
If you believe that an emergency protection orderwill help you, ask the police or Victim Services to apply for an order on your behalf.
If you believe that avictim assistance order will help you, and you wish to obtain a copy of the Victim Assistance Orders Information Kit, contact any of the following
Victim Services
Charlottetown 368-4582
Summerside 888-8217
Registrars
Charlottetown Courthouse 368-6003
Summerside Courthouse 888-8125
Transition House Association
-- Outreach Services
Queens 566-1480
East Prince 436-0517
West Prince 859-8849
Eastern PEI 838-0795
(toll-free) 651-2062
Community Legal Information Association
Charlottetown local 892-0853 or toll-free in the
Atlantic provinces: 1-800-240-9798
To obtain legal help in applying for a victim assistance
order or if you have to attend a court hearing about an order, call your
lawyer or:
Lawyer
Referral Service 892-0853 or Toll free 1-800-240-9798
Family Legal Aid:
Charlottetown 368-6043
Summerside 888-8219
Help for Victims of Crime
Victim Services provides a link between victims and the justice system and can provide information to help victims find other services they may need. If you have been the victim of family violence or any other crime contact victim services.
This pamphlet has been prepared
and published by the Community Legal Information Association of Prince
Edward Island Inc.(CLIA) for informational and educational purposes only.
It contains general information about one area of the law, The Victims
of Family Violence Act. It does not contain a complete statement of
the law in this area.
If you need legal advice contact
a lawyer. If you do not know a lawyer you may contact one through the Lawyer
Referral Service. You will be given the names of two lawyers. A half hour
appointment with a lawyer through this service will cost you $10 plus tax.
As changes in the law and court
procedure may occur, the information in this pamphlet may become out of
date.
Community Legal Information Association
of Prince Edward Island Inc. is a charitable organization funded by the
Department of Justice Canada, Office of the Attorney General P.E.I.,
the Law Foundation of Prince Edward Island and other funding sources. CLIA
provides Islanders with useful, understandable information about our laws
and the justice system. You may support the Association through volunteering,
becoming a member or by making a donation.
charitable registration number: 118870757RR
written by: Ann Sherman and Ellie Reddin
December 2003
ISBN 0-921896-83-2
