ACCESSING THE JUDICIAL SYSTEM
Spousal violence is against the law.
SIS can provide court support
Women often suffer years of abuse
physically, mentally, sexually
and psychologically and never reach out to the judicial system for intervention and
protection.
There are many reasons that victims are kept emotionally hostage in
these relationships. (See understanding victims.)
Victims can sometimes delay the abuse, but in volatile relationships,
the violence is inevitable.
Testifying in court can be very traumatizing for any person who has
to provide testimony. Therefore, it is understandable when a victim fears going to court
and speaking out against an intimate partner.
Victims often feel guilty because they are putting their spouse and the
father of their children before the courts and human emotions come into play. (See
understanding victims)
" Being victimized, is not your fault! The only fault lies in
accepting the blame" The abuser must be accountable for their own actions.
Many victims are threatened that if they contact the police the abuse
will escalate and even lead to death. Therefore, they are all the more reluctant not to
charge their abuser. The perception that this threat will be carried out is real to them
and they know the capabilities of their abusers.
Many beloved family pets have died in the name of family violence as an
indicator of what will happen to the victim.
By not speaking out against the violence and the threats, the violence
will not end. Advise the police of the threats that have been made against you when
you ask for police intervention,
Victims have been threatened by their spouses or other persons after
charges have been laid. Victims are often threatened or coerced into dropping the charges
or recanting their testimony.
Many victims have been given heart throbbing stories of remorse and
guilt and false promises of counselling for alcoholism and anger management if they will
give their partner another chance. These promises never came while the abuse was going on,
but only after charges had been laid. (This is what is referred to as the second honeymoon
phase).
Rescinding charges or recanting testimony is not in a victims
best interests, and there is no evidence or guarantee that the violence will stop when the
court proceedings do.
Some victims have been threatened with counter-charges of assault if
they do not drop the charges. Do not be blackmailed into this situation. Advise the police
or the crown. This is only a ploy to scare you into dropping the charges.
Immediately report any person or threat you receive
pertaining to the charges before the court.
Dropping charges or recanting testimony will not make you safer, and
if nothing else may put you more at risk.
CONTRARY TO THREATS MADE TO VICTIMS:
You will not lose your
children in a custody battle by leaving an abusive relationship.
These hollow threats have been made to victims in an attempt to
keep the victim within the relationship and the reality is the children are being used as
innocent pawns. (See impact on children)
The following are some recommendations for victim’s consideration.
Laws vary from province to province and from state to state. Therefore, it is recommended
to victims speak to the police, crown attorneys, and family lawyers in their specific
locale.
At any time you feel your safety is in jeopardy, contact the police
through 911. In the event you have fled a volatile home and need to get your personal
effects, contact your nearest police division and ask for assistance in removing your
personal property and that of your children. Please note that the officers will not assist
you in the removal, nor will they decide the ownership of furnishings. This must be
settled in a court. If you need police assistance make prior arrangements to meet at a
certain time and location. If you are in the Toronto area contact the Toronto Police
Services at 808-2222 and ask for your division.
APPLY TO LEGAL AID:
If legal aid is available to you in your province or state apply
for assistance. Ensure that you inform them that you are a victim of spousal abuse and
need protection from the courts for yourself and your children.
EXCLUSIVE POSSESSION ORDER:
If you share ownership of property with the accused, you may apply
for an order from the Family or Criminal Court for exclusive possession of the matrimonial
home. This will legally allow you to keep your partner off the property and give you the
right of sole occupancy of the home. You will need to seek legal advice to obtain an
Exclusive Possession Order.
CHANGING THE LOCKS:
If you are the primary tenant (on the lease or property ownership)
you may change the locks. If you share the lease/ownership with an abusive partner you may
need to get his name removed from the document. Talk to the building
superintendent/homeowner to see what their policy is. If you co-own the property see your
lawyer. Most landlords will assist in keeping you safe. For more information you can
contact the Landlord Tenant Advisory Bureau in your area.
FAMILY COURT ORDERS:
If you and the accused have children, you are both entitled to
custody. It is strongly suggested that you immediately apply for interim or full custody
from the Family Court Division. Please ensure the clerk that you are a victim of violence
and need a priority court date.
You do NOT have to serve your abuser with court papers. The court will
designate a process server.
INTERIM CUSTODY
Interim custody will allow you to keep your ex-partner from taking the
children from school and any other place without your permission. It will allow you to
request police services if the child or children are not returned after an access visit.
You should request a certified copy of this order, signed by the judge, immediately
after the court hearing. Keep a copy of it on your person and provide a copy to the
school. It is recommended you make several copies and keep them in a safe place outside
the home.
If you do not have a lawyer, contact Legal Aid and tell them you are a
victim of family violence and need legal representation or access on of the duty officers
in the court.
RESTRAINING ORDERS
Restraining orders may be issued by both the Family and Criminal
Courts. The order may state no direct or indirect contact with you and your children. The
order may also direct your ex-partner to stay away from your residence, place of
employment, children’s schools and parents’ homes. This order can be enforced by
the police if any breach of conditions is reported.
CRIMINAL COURT ORDERS
There are several charges that can be laid against an abusive
partner. The police will charge a person if they have reasonable grounds to believe that a
criminal offence has taken place. This means if you have been physically or sexually
assaulted or threatened. This is also applicable if there have been threats to you, your
children, family members or your personal property. Call the police as close to the time
of the occurrences as possible. When officers attend, ask for their badge number or card
so you can contact them in the future if you have further incidents or threats.
NOTE: Toronto Police Services have a domestic violence policy and will
charge either gender in the event there is evidence of an assault. Therefore, it is
important that victims do not get re- victimized by being charged in an attempt to protect
themselves.
CONDITIONAL RELEASES AND BAIL HEARINGS
The police or Crown Attorney may request you give evidence at the
bail hearings. It might be in your best interest to inform the courts of your fear of the
accused and what brought you to laying charges. The court may set conditions upon the
accused and you can obtain a copy through the courts. In Ontario you can seek the
assistance of the Victim Witness Assistance Program.
SIS - recommends that you:
Attend bail hearings regardless of the fact you are told there is no
need for your attendance. Our rationale is that you will know first hand the terms and
conditions of the bail if granted.
and
You have to opportunity to speak with the Crown regarding your fears
for your safety and that of your children.
At that time ask the Crown to arrange that you have a copy of the bail
conditions in the event they are breached and you need police intervention.
Note: These papers sometimes get lost in the shuffle of the
bureaucratic red tape and are often not logged into the police and court computer system
for days.
Remember:
You are not alone. There are many agencies and support groups that can assist you
during your transition period.
Please join our group through this web-site or
if you are in the Toronto area contact us via phone for meeting information. |
