Big Country Anti-Violence Association

Community Resource Guide for Drumheller & Surrounding Area

www.bcava.com

Who is this Booklet For?

This booklet is for any person who is being abused, assaulted or harassed by his/her spouse, boyfriend, girlfriend or ex-spouse and therefore needs information about his/her rights, help available, and information about the court system. If you suspect that someone you know is being abused, please give this booklet to him/her.

The information in this booklet is for women and men who have chosen to stay in an abusive relationship, or who have left or are trying to leave. When a person tries to leave an abusive partner, that partner may become more violent.

The information in this booklet refers to women but the information also applies to abused men, abused elders, and those in same sex relationships. The term partner refers to spouse, boyfriend, girlfriend or common law spouse.

What this Booklet is about

This booklet explains what you can do to protect your safety – whether you choose to leave or to stay. What kind of help you can get from the police, the courts and various agencies, if you are being abused.

It includes information about:

• What Interpersonal Violence is

• What you can do if you have been assaulted or if you have been threatened with assault, or if you are being criminally harassed

• What the police do when they are called

• How to get a Peace bond

• What to do if you choose to end this relationship

• Who can help with emotional, financial and legal advice

  Interpersonal Violence – What does it mean?

  When people talk about violence in relationships they are usually talking about abuse. Abuse includes a range of behaviors from intimidation and threats to physical or sexual assault. An abuser uses threats and violence to gain power and control over their partner and to take away his/her self-worth.

  Examples of Abuse:

  Abuse can be physical, sexual, emotional and financial. The following are some examples of abusive behavior:

• Humiliating or degrading you in front of others

• Yelling at you, insulting you or calling you names

• Isolating you by stopping you from leaving the home or using the telephone

• Not letting you have any money

• Controlling and limiting what you do, where you go, who you see

• Breaking your things, damaging your property

• Threatening you, your children, your pets, or someone you know

• Forcing you into sexual activity that you do not want

• Shoving, slapping, choking, punching or kicking you

• Hurting you with an object of any kind

  
  Abuse may start as emotional or verbal and gradually increase to physical or sexual violence. Abuse comes and goes in cycles. After incidents of abuse, your partner or ex-partner may be very sorry and loving for a short period of time and then will abuse you again. If you are involved with an abusive person, you may be feeling frightened, confused and alone.

   

  Is Sexual Abuse a part of Interpersonal Violence?

  Sexual Abuse includes all acts or unwanted sexual attention and exploitation, including inappropriate touching or molesting, exposing a person to pornographic materials, sexual assault with an object, forced bondage and rape. When these activities occur within families and intimate relationships they become part of domestic violence. By using sex to humiliate and to inflict violence on victims, the abuser is able to exert power and control over them. The effects of domestic violence – shame, confusion, fear and anger – will not go away. Silence allows it to thrive. Know that Interpersonal Violence is not your fault if you are a victim.

  What is Against the Law?

  Any kind of abuse is harmful. But many kinds of abuse are also against the law – they are crimes and the police can lay charges. Assault is the most common charge used against the abuser. Criminal harassment (stalking) is another important charge to know about.

   

  Assault

  If your partner or ex-partner does any of the things listed below, it is assault and is a crime:

• Hits you or physically hurts you

• Threatens to hit you or physically hurt you and you believe that he can do it

• Force you to do something you do not want to do for his sexual pleasure

   

  Criminal Harassment (Stalking)

  Criminal harassment is unwanted attention: a pattern of threats and actions that makes you afraid for your safety or your children’s safety. It may make you feel you can’t do what you want or go where you want.

  If anyone, especially an ex-partner, does any of the things listed below and makes you afraid for your safety, or the safety of your children or pets, it is criminal harassment (stalking) and it is a crime. Some examples are:

• Contacts you over and over again (for example at work or at home in the middle of the night)

• Makes indecent phone calls to you, or calls you over and over and hangs up without speaking

• Follows you or watches you or other family members (for example parks outside your house)

• Sends you gifts that you do not want

• Threatens you or other family members or friends

• Threatens to destroy property or harm your pets

• Does anything else that is threatening and that makes you afraid he will harm you

If any of the things described above are happening to you, call the police right away. Also, to help the police with your case, keep a written record of every incident, including what happened, the date, the time, and where it happened.

Assault and criminal harassment are against the law. You have the right to protection.

Uttering Threats

1. Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

   1. To cause death or bodily harm to any person

   2. To burn, destroy or damage real or personal property; or

   3. To kill, poison or injure an animal or bird that is the property of any person

Disobeying Orders of the Court

1. Everyone who, without lawful excuse, disobeys lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

   1. An indictable offense and liable to imprisonment for a term not exceeding two years; or

   2. An offense punishable on summary conviction

Are you the only one?

No. People of all age groups, from all economic and social classes, and from all racial and cultural groups can be abused.

• Alberta has the second highest rate of self-reported spousal abuse in the country. In 2010, Alberta had the fifth highest police reported intimate partner violence.

• In 2009, females who reported spousal violence were about three times more likely than males (34 percent versus 10 per cent) to report that they had been sexually assaulted, beaten, choked or threatened with a gun or knife by their partner or ex-partner in the previous five years.

• The prevalence of self-reported spousal violence in Alberta reveals that every hour of everyday a woman will be victim of some form of violence by an ex-spouse or ex-partner.

• Aboriginal women were almost three times more likely than non-Aboriginal women to report they had been a victim of spousal abuse in the past five years.

  
  It is hard for anyone to take action to stop abuse in a relationship. If you are a senior or person with disabilities you may be dependent on your partner to take care of your daily needs. This could make it especially difficult for you to protect yourself from abuse.

  You may also feel particularly isolated because of language, pressures from family, racism or because you are a newcomer to Canada. You may have more difficulty convincing people that the abuse is really happening. If you are a newcomer you may be afraid of being deported if you contact the police or a service that can help. (See the next section for what the law says about women who are newcomers to Canada).

  If you are being abused, it is important to remember: Violence against a partner in relationship is not a private, family matter. Assault and harassment are crimes.

  If you are being assaulted or harassed, call the police or contact one of the agencies who can help.

   

  If you are a Newcomer to Canada:

  If you are a newcomer to Canada and your husband is violent towards you, here are some of the things you should know:

• If you have permanent resident status, you will not be deported if you leave the relationship, even if your spouse is sponsoring you.

• If your husband is your sponsor, and you leave him, you may be able to get social assistance.

• If you are a refuges claimant or you do not have permanent status, get legal help right away. Canadian Immigration guidelines offer some protection to women who are being assaulted by their partners.

• If you are sponsoring your husband and he assaults you, get legal help. You may be able to withdraw your sponsorship of your husband.

  If English is not your fist language, you will be able to get the assistance of an interpreter through the agencies with Workers. Some of these agencies are listed in the “Who Can Help” section.

   

  Planning for your safety, your children’s safety and the safety of your pets

  It can be very difficult to leave a relationship when you are being abused. But whether you choose to stay or to leave, your safety must come first. The police and court orders may be able to offer some protection, but there are limits to what they can do.

  To help keep you and your children and pets safe, you need to have a safety plan – whether you have decided to leave or stay in your relationship,

   

  What is a Safety Plan?

  A safety plan means thinking about what you need to stay safe, getting information, and talking over your plan with people who can help you. Making a safety plan means doing things like:

• Telling neighbors or friends to call the police if they hear frightening or loud noises, or if they see anything suspicious.

• Memorizing the telephone number of an agency that can help.

• Thinking about where you can go if you decide to leave. (A place that is safe like an emergency shelter, where he/she will not know to look for you).

• Putting some money in a safe place, a little at a time, and cancelling joint credit cards.

• Packing a suitcase for you and your children and leaving it with a friend.

• Putting an extra set of keys for the car and the house in a safe, easily accessible place.

• Getting legal advice about your situation.

• Putting ID, passports and other important papers for you and your children in a safe place. (If keeping original documents is a problem, call the legal aid office 1-866-845-3425 for help in getting certified photocopies).

  Where can I go?

  If you need a safe place of you and your children, find the nearest Emergency Shelter by calling 310-1818. Arrangements will be made for you and your children to stay at the shelter. Arrangements may be made for your pets through the local Drumheller Humane Society.

  Remember, planning for your safety is something you need to think about on a regular basis, especially if your circumstances change (for example, if you move, have more children, you become ill, or the relationship becomes more abusive). Ask someone you trust to help you with your safety plan. It could be your worker, or a friend.

   

  Contacting the Police

  If your partner or ex-partner or spouse has hit you, sexually abused you, or is threatening or harassing you, call the police. The emergency number is 9-1-1.

  When the police answer, give your name and address. The person answering the phone needs to know what is happening. Try to speak slowly and clearly. You will need to answer all the questions you are being asked. Tell the police:

• That you are in danger

• What your person is doing or has done

• If he/she has a weapon and what it is

• If he/she has been violent before

• If you have children with you

• If either you or the children have been hurt

• If you already have a peace bond or restraining order in place

   

  When the police come…

  When the police come to your house, they will talk to you to find out what has happened. Tell them if you are afraid for your safety and what your partner or ex- partner has done to make you afraid.

  Tell the police if you have tried to leave the relationship, or have told your partner you are leaving. The police should know about this because your partner or ex- partner may become more violent.

  If the police find that your partner or ex-partner has assaulted or threatened you, or that he/she may do it again, they will probably arrest them. The police must arrest the person if there is enough evidence. They can arrest him/her even if you don’t want them to.

  If your partner or ex-partner leaves before the police arrive, they can still arrest him/her if they can find them. If you know where he/she is, tell the police.

  The police will give you a card with their name and phone number on it and your police case number. The office may arrange for a Victims Services Advocate to come to your home to assist you with information or getting to safety. If your partner or ex- partner returns you can ask the police to come back.

   

  How do I get to a safe place?

  You can ask the police or Victims Service Advocate to arrange for you and your children to go to an Emergency Shelter. As an alternative, you can ask the police to get you and the children to friends, relatives, or a motel. Arrangements can also be made to ensure the safety of your pets.

   

  What if I need medical treatment?

  If you have been hurt, the police can get you to a hospital or doctor. The hospital will collect medical evidence of the assault. Remember you have the right to ask questions about any medical examination, to have a friend or worker with you, and to refuse treatment.

   

  Do I have to leave my home?

  No. The choice is yours. However, if you stay in the family home, it is a good idea to have the locks changed and to have a safety plan in place.

   

  What will happen if my partner is arrested?

  If the police make an arrest, one of these two things can happen:

• He/she will be released but the police or courts will make an order that tells him/her there are certain things they cannot do (for example contact you or go to your home)

• He/she will be kept in jail overnight, and will have to appear in front of a Judge in a courtroom for a bail hearing to see if he will be released and what the conditions of release are.

   

  What if I don’t want to proceed with the charge?

  Once a charge has been laid, calling the police cannot drop the charges at your request. You must contact the Crown Prosecutor. The decision to drop the charges is not yours to make. The Crown Prosecutor may decide to proceed with the charges whether or not you want the trial to go forward.

   

  If my partner is not arrested can charges still be laid?

  Even if the police do not arrest the abuser, they are required to investigate your case and prepare a report. They will do this even if you have not been hurt or if you do not want to be a witness. They will ask you questions about what happened. It is important to tell the police as many of the details as you remember.

  You have the right to know if charges are laid or not. If you are not satisfied, you have the right to an explanation.

   

  What if I do not call the police right away?

  It is a good idea to write down what happened and report the assault or harassment as soon as possible, so you can remember the details. Include time, date, place and as many specific details as possible. This helps the police get the evidence they need.

  Even if you don’t call the police right away, you still have the right to get help. Call the police or go in person to the police stations to report the assault or harassment. A worker from an Emergency Shelter or Big Country Victim Services will accompany you if you wish.

  If you leave a violent relationship

   

  What about the children?

  Take the children with you when you leave your home, to protect them and improve your chances of getting custody (the right to take care of them).

  Be careful about your own safety if you go back for the children. Ask the police to go with you. Phone the police in advance to set up a time. The police officer can make sure you are safe, but they cannot force your partner to give you the children if you don’t have a court order giving you custody.

   

  Can the school release your children?

  Let the school know what is happening. If you have a custody order, the school will not let your partner pick up the children. However, if there is no custody order in place, the school is powerless. Your partner has an equal right to pick up the children. Conversely, if your partner has a custody order, you cannot pick the children up at school.

  If your partner refused to let you take the children or if your partner has a court order giving them custody, get legal advice right away. If you feel your children are in danger, call Child and Family Services Authority 403-823-1767.

   

  What will I do for money?

  If you have a place to stay for now, but you don’t have enough money, contact Human Services at 403-823-1616 and apply for “Supports for Albertans Fleeing Abuse”. This is emergency money they can give you quickly.

  Albertans in an abusive situation can get help 24 hours a day, seven days a week through Human Services. All they need to do is call 1-866-644-5135 toll-free from anywhere in Alberta to find out what is available. Financial Supports are also available through Human Services, providing the program’s eligibility criteria are met.

  Getting to safety:

• Emergency transportation to a safe place, such as an Emergency Shelter

• Emergency accommodations in a hotel or motel if shelters are full or not available

• Help for emergency needs not provided by a shelter, such as prescription drugs, nutritional products, dental, optical services and childcare.

• Relocation costs within Alberta or Canada are covered if needed, to escape threat of violence

  
  Setting up a new household:

• $1,000 benefit to help set up a new home

• Damage deposit to secure a residence

• Financial help for needs such as food, clothing, shelter and other basic needs

• Free from expectations to seek employment, so parents can deal with personal and/or family matters

• $50 monthly benefit in recognition that client is not ready to go to work.

  
  Starting a new life:

• Employment and training support services to help find a job is available to all Albertans

• Free service to get child support from other parent(s), if doing so does not endanger safety of family

• After getting a job, certain amounts are not deducted. Check with Human Services for details

• Continued health benefits after family is able to leave

• Health benefits available for children in low-income families

  
  If you decide to stay separated from your partner and you have no money, you may apply for regular assistance through Human Services.

  You can also apply to court to get financial support from your husband or ex- partner. Contact a lawyer to see if they can help you.

  If you already receive money, like a pension or disability cheque, contact the office that sends you the cheques to tell them that you have separated from your partner. Give them your new address. It is important to tell the office that you have left an abusive relationship.

  If you have credit cards in both your names, contact the Credit Card Company to get them cancelled or to have your name removed. If your pension or disability cheque is automatically deposited into your joint bank account, make other arrangements. If you own a house, car, or other property together, get legal advice.

   

  How to get legal help?

  You may need to talk to a lawyer right away about children, money, or home you shared with your partner. If you cannot afford a lawyer, contact the Legal Aid Office at 1-866-845-3425 or one of the other agencies that offer legal assistance. These are listed in “Who Can Help?”

   

  How can I be protected if my partner is not put in jail?

  Emergency Protection Order (EPO)

  An Emergency Protection Oder increased the protection available to the victims of Family Violence by making it possible to remove the abusive family member from the home for a specified length of time.

  Anyone who makes a false complaint can be charged with public mischief under the Criminal Code of Canada.

  An EPO can be obtained on a 24-hour basis from a Provincial Court Judge or a presiding Justice of the Peace, by accessing the RCMP/POLICE or Children’s Services. The order will be granted if the Justice of the Peace determines that family violence has occurred and that immediate protection is needed. The Court of Queen’s Bench must schedule the order for review within nine working days.

  The Legal Aid Office at 1-866-845-3425 acts as duty council for both the complainant and defendant for the first court appearance.

  Once the abusive family member (respondent) has actual notice of the EPO, the order may be enforced.

  An EPO can be used to:

• Keep abusive family members away from the home, workplace, school or other premises where family members might be present.

• Prohibit abusive family members from making contact or communicating with other family members.

• Grant exclusive rights to occupy the home to certain family members for a specified period

• Direct the police to remove abusive family members from their home and supervise the removal of personal belongings

• Direct police to seize and store weapons

• Specify any other provisions for the immediate protection of family members.

   

  At the review that is scheduled within nine working days, the Court of Queen’s Bench may:

• Confirm the EPO

• Revoke the EPO

• Direct that an oral hearing be held

• Issue a new order

   

  Queen’s Bench Protection Order

  Any new order resulting from a review of an EPO is called a Queen’s Bench Order. The Protection Against Family Violence Act allows the victim to apply for protection directly from the Court of Queen’s Bench. A protection order can be in force for up to one year and may be extended for further one-year periods.

  In addition to the terms in an EPO, the Queen’s Bench Protection Order can also include terms that:

• Require the abusive family member to reimburse the victim of any monetary losses suffered as a result of family violence

• Allow the victim or abusive family member to temporarily possess specified personal property

• Instruct the victim or abuser not to deal with property in which they both have an interest

• Require the abuser to post a bond to ensure compliance

• Require any family members involved in the violence to receive counselling.

   

  Restraining Order

• The victim is required to prepare all necessary paperwork

• Prohibits certain actions or conduct by a person against whom the order is issued.

• May be requested within an existing court action, or application can be made upon commencing a court action.

• Applying for an Order does not involve the police and there is no need for an investigation or a police file.

• Application is made in the courtroom before a presiding Justice of the Court of Queen’s Bench.

• Where the only relief asked for is for a Restraining Order there is not filing fee, if other relief is requested there is a filing fee. Please contact the Drumheller Court House at 403-823-7300 for more information.

• The process can be quite technical: a lawyer is recommended. For Family Law matters, an Instruction Package is available to assist you in applying. The instruction package is a fill-in-the-blank form for a Statutory Declaration and Restraining Orders that are not of a Family Law nature, you may have to file a Statement of Claim and other supporting documents.

• In truly emergent circumstances, the Order may be obtained in a day or two

• To take effect, the Order and Declaration/Affidavit must be served on the Respondent. (The person who must comply with the terms of the order).

• Once granted, the Order is usually set down for review in 2 to 3 weeks, and once reviewed is good for about 3 months or until the action is concluded.

• The order must contain an enforcement paragraph which gives the police the power to arrest.

• You should register the Order at the Restraining Order Registry at your local police station along with a copy of the sworn affidavit of service proving that the Restraining Order was served on the Respondent.

• Breaching the order is not a criminal offence, but it may be in civil contempt of court

• If you act on your own behalf, you will have to appear in court should the order be breached.

   

  Peace Bond

• The RCMP or victim can prepare the necessary paperwork

• The document compels the person against whom the peace bond has been obtained to refrain from certain behaviour or contacting certain persons

• May be obtained by anyone who fears on reasonable grounds that another person will cause injury to him/her, the spouse or children, or that property will be damaged

• There is no need for a lawyer

• There is no cost to obtain a Peace Bond

• A Peace Bond generally remains in effect for one year

• A Peace Bond can only be granted in a Court and before either a Justice of the Peace or a Judge

• If the Peace Bond is issued, you should keep a copy with you to show the Police

• Breaching the provisions of a Peace Bond is a criminal offence

   

  Additional Financial Benefits Available

   

  Restitution

  If the Victim has a financial loss as a result of a crime, he/she may have the right to seek restitution from the offender. Restitution is a way for the offender to repay the victim for a loss he/she has suffered.

  The victim is required to complete a Request for Restitution Form, which can be obtained from the office investigating the case or Victim Services. Once the form is filled out, it should be returned to Victim Services as soon as possible. It will then be forwarded to the Crown Prosecutor.

  The victim will be required to take all necessary documents to court to support the claim. Restitution that can be ordered may include:

• Damage, destruction, loss or property

• Bodily harm (monetary loss including income or support)

• Expenses incurred in moving out of the offender’s house

• Losses incurred by unknowingly purchasing stolen property

  After an offender is found guilty, the Judge can consider restitution when sentencing. The victim is responsible for filing the order as a Judgment in the Court of Queen’s Bench. The Victim is also responsible for enforcing the Judgement in the same way as if he/she brought an action in Civil Court and had obtained a Judgement. If the restitution is ordered but not paid, the victim may wish to consult a lawyer.

  If the Crown declines to make application, the victim may request the court to do so on its own motion. In this case, the victim may wish to contact his/her own lawyer.

   

  Financial Benefits for Victims of Violent Crimes

  The Victims of Crime Act provides financial benefits to innocent victims injured during the commission of a crime. Those injured during a crime may be entitled for a one-time financial benefit based on the severity of injuries sustained.

  Individuals are considered eligible for financial benefits if they have suffered physical or emotional injury as a result of being victims of a crime in Alberta. This program does not cover property damage or loss due to crime.

  When a crime results in death, dependents of the victim may be eligible for financial benefits. Likewise, a legal guardian may apply on behalf of minors or dependent adults. It is determined that the behavior of the victim contributed to the injury, the amount of the benefits may be reduced.

  The requirements and conditions are:

• The crime must occur in Alberta

• The details of the offence must be reported to the police within a reasonable length of time

• The Financial Benefits Program must receive written application within one year of the injury

• The applicant must provide such information about the matter and the injury sustained as a result, as this may be required to make a decision on the application

• Forms may be obtained from Victim Services

   

  What if you want to end the relationship?

  If you want to end the relationship, whether you are married or living common-law, talk to a lawyer. If you can’t afford a lawyer, apply for legal aid. The following sections are about some of the things to discuss with a lawyer.

  Maintenance and Support

  It is Maintenance Enforcement Program’s (MEP) responsibility to enforce child and spousal maintenance orders by collecting payments and forwarding them to the appropriate individuals. MEP can only enforce maintenance when the debtor, creditor or Crown has registered with the program. MEP seeks the voluntary cooperation of all people involved in orders for maintenance.

  MEP will:

• Maintain the confidentiality of their clients’ personal information

• Attempt to collect on all maintenance orders

• Conduct child status reviews at the request of debtors who believe their children may no longer be eligible for support under the court order

• Initiate the removal of collection actions within 14 days when debtors pay their arrears and make arrangements for future payments. Wage support deductions notices issued due to a debtor’s failure to pay maintenance will normally not be terminated until the file is closed.

  
  MEP does not obtain court orders for clients, change the amount of support ordered by a court or otherwise vary a court order. MEP also does not provide legal advice or legal representation to clients or deal with custody, access or parenting time issues.

   

  The Family Law Act replaces the Domestic Relations Act, the Maintenance Order Act, the Parentage and Maintenance Act, and parts of the Provincial Court Act and the Child, Youth and Family Enhancement Act. The Family Law Act can be viewed and printed from the Alberta Queen’s Printer website at www.qp.gov.ab.ca .

   

  The Family Law Act:

• Gives clear guidelines to family members, lawyers and judges about the rights and responsibilities of family members, and

• Encourages settlement of family law disputes and focuses on the best interest of the children

• The responsibilities and powers of parents, guardians and others, how to share responsibilities, powers and time with children when parents do not live together

• How to decide on amounts of support, and

• How to apply to the court when people cannot agree

  The Family Law Act does not deal with:

• Divorce, and

• Matters involving family property, and

• Child protection matters.

  The old terminology – custody and access orders – often created the perception of “winners and losers” in the family law process. Because one of the main goals is to reduce conflict and help eliminate some of the emotional costs of family breakdown, these concepts have been removed.

  The courts may make a parenting order when a child has more than one guardian (usually parents) who live apart and are unable to agree on how to distribute the powers, responsibilities and entitlements of guardianship.

   

  The following are some of the items to discuss with a lawyer in more detail:

• A parenting order

• A contact order

• Custody

• Guardianship

• Access

• Property

WHO CAN HELP?

The following is a list of the agencies that can help you. This list is by no means complete. All of the agencies listed have workers who are ready to help you. If the agency you contact cannot help you directly, the worker may be able to put you in touch with an agency that can. REMEMBER YOU ARE NOT ALONE!