Domestic Violence
Legal Protection from Abuse
Many women and men are reluctant to call police when they are beaten. Victims fear that their partners will retaliate or that police officers will be insensitive and embarrass them, among other concerns. However, many communities have made great progress in educating police officers and other people in the criminal justice system about domestic violence.
Some provinces require that police officers automatically arrest the abuser if they believe domestic violence has occurred. In some communities, assistance from local victim's advocacy groups and provincial social services are requested at the same time. Along with these services, the law can be another tool you can use to increase your safety and independence.
In all provinces, you can apply for a protective order (or restraining order) or a peace bond. A peace bond may require an abuser to keep the peace and follow any other requirements specified by the court, such as keeping a certain distance from you and your children. The police may help you apply for a peace bond on short notice. Provincial laws vary regarding the requirements necessary for obtaining a restraining order.
In addition, in provinces that have specific laws against family violence, you can also apply for an emergency protection order or a protection order in a non-emergency. Many provinces allow a woman to obtain a protective or restraining order without an attorney. Keep your protective order with you at all times, and keep a copy in a safe place. If you travel to another province, check to see whether your protective order is valid in that province. Some provinces enforce protective orders from other provinces, but some may not.
In general, protective orders require the abuser to stay away from you, your home, your workplace, or your school—to stop all contact, whether by telephone, notes, e-mail, or other means—and to stop harming or threatening you. You can request a protective order at any time. An abuser can be arrested for violating a protective order, which is considered contempt of court and a minor (misdemeanour) criminal offence.
While protective orders do not automatically prevent you from being abused, they do deter abusers. In one large study that followed women for 12 months, women who obtained permanent protective court orders were 80% less likely to be physically or psychologically abused than those who did not receive permanent protective orders.12
Contact your local domestic violence group, legal aid society, or family court for help. Contact the National Clearinghouse on Family Violence to find the program offering shelter and legal support nearest to you; the clearinghouse can be reached toll-free at 1-800-267-1291, or visit its Web site at http://www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/index.html.
The court may also award temporary custody of children to you, along with child support, spousal support, and use of the home and car along with the protective order. The court may be able to order the abuser to pay your legal costs and fees. As a victim of a crime, you may also be eligible for additional financial support from the court.
The court can also extend the protective order to your children and order the abuser to have no contact with them, your children's doctors, day care, or school.
Many provinces require that abusers attend abuser intervention programs. These programs try to make abusers accountable for their behaviour and educate them about healthy alternatives to their abuse. Abuser intervention programs report varying degrees of success, although so far, studies have not verified that success. Most experts believe that abuser programs are most effective when the abuser recognizes that his or her behaviour is abusive, and wants to change.18
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| Author: | Douglas Dana Sabra L. Katz-Wise | Last Updated: November 27, 2006 |
| Medical Review: | William M. Green, MD - Emergency Medicine Adam Husney, MD - Family Medicine Gisele Ferguson, MD, FRCPC - Psychiatry, Child and Youth Psychiatry Brigid McCaw, MD, MS, MPH, FACP - Family Violence Prevention | |
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