These arrangements are used in circumstances where you do not feel safe, but are not in immediate danger. If you are in imminent danger, you should contact the police at 911. The court needs to know if there have been any written agreements or court orders in the past regarding family law matters. These include: A protection order is valid for one year, unless the judge sets another date in the order. It can be more or less long than a year. If you say you don`t want to inform the other party in your application of a protection order, in most cases your application will be presented to a judge the same day you file it. After hearing you, the judge will decide whether you should notify the other party. If you do not have to give notice, the judge will give you the opportunity to present your case and will make a decision on your application for a protection order. If notification from the other party is required, you will be informed of the steps you need to take before your request is considered. Family law deals with a number of legal issues relating to the relationship between spouses, parents and their children.
Family law includes separation, divorce, adoption, protection orders and more. However, a person who fears violence may be able to obtain another type of protection order under the Criminal Code 7 and should discuss their situation with the police. They can provide evidence at a hearing on an application for a protection order, either by testimony or by written affidavits. The application for a protection order contains an affidavit that you must complete (Schedule 1). This can be your evidence at your hearing. You can also provide affidavits from others who have seen or heard things relevant to your application. See The first rule on evidence – it must be relevant to know what “relevant” means. In the case of family law protection orders, the court must determine that violence in the partnership is likely and that a person is at risk.
If the family court judge rejects your application for a family protection order, talk to your lawyer or public defender about the possibility of reapplying for a family protection order or obtaining a conduct order. A judge may issue a family law protection order to protect a family member from another family member if there is a risk of violence. Orders are made in accordance with the Family Law Act. If you are seeking protection from a family member as defined above, you can apply for a family protection order and a peace bond at the same time. Both types of protection orders are valid for one year from the date they were issued, unless a judge decides otherwise. If the protection order expires, an extension may be considered by a judge upon request. If criminal charges have been laid, there may be other court orders that include conditions of protection, such as bail, probation or conditional sentencing orders. These orders may include conditions for not having contact with you or your children or family or friends and not to travel to specific addresses such as your residence, workplace or school.
Criminal orders may be in effect at the same time as a protection order. The Victim Safety Unit can help you understand these commandments and conditions. If you are registered with the Victim Safety Unit, the Victim Safety Unit can notify you on an ongoing basis of the status of a defendant or adult offender who is the subject of criminal proceedings in British Columbia or who is supervised by the British Columbia Correctional Service. A guarantee not to disturb the peace is a protection order under section 810 of the Canadian Criminal Code. It does not lead to a criminal record. Contact your local police department to request one. A peace bond can be against anyone, including someone you dated. You do not need a lawyer, as the Crown lawyer (a government lawyer) will file the application for you in criminal court. If a person named in a protection order was not in court at the time of the order, the order must be formally served (or “served”) on the person in order to be aware of it. In these cases, the Department of Justice will work with you to serve the order. In most cases, applicants will not incur any costs for this service.
This means that the police can get up-to-date information about your order 24 hours a day when you call them. .