HELP’S AT Hand, by North
Shore Community Services
(NSCS), is a forum for discussing
government policies and pro-
grams, benefits, consumer and
iegal rights, taxation and public
services.

Answers are intended only as a
general guide and should not be
applied to individual cases without
further consultation.

We have been discussing the
topic of wife assault. In our last
two columns we talked about how
to support a woman who is in an
abusive relationship and we“ ex-
plained the services offered by
transition houses.

In this column we will give a
general overview of the legal
issues regarding wife assault. :

It_is important, ‘to remember .
that each -sitwation ‘will. vary and -

the “legal” actions “taken - by. a
-.woman.who has been abused will "

depend on her particular situation.
We“ will therefore touch -on-
some of the more common
Possibilities and. we encourage
women to seek specific legal ad-
vice for their individual cases.
. Wife assault is waen your hus-
band or boyfriend hits you or
physically hurts you, or even if he
threatens to do so: Women who ‘©
are 2ssaulted by their husbands or
boyfriends. have a right to: the. °
protection ® of the. law. Under, the
Criminal Code, assault is a crime. -
A. person.:who —has - been
assaulted or threatened - can: call
~ the police “emnergeacy ‘number by
dialing: 9-1-1... A. friéad,: neighbor, :
or witness .to‘an - incident of wife.
assauit can’ also’ make a ‘report to -
the police.” Any, report. of assault |

If ‘the police’: find there. are
“grounds t6 " Believe an offense has
taken. place,’ they should: forward ©
a report to Crown Counsel... 5

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‘dress,’ listen: to ‘music and prepare.”

for outings. The hours are from:

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A RELIABLE and ‘mature vol:
unteer..who is computer-literate
and. has. good. communication
skills is needed :to volunteer as an
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_ office. Duties’ include “answering
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e

reum of four. hours. Orientation
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- If you-want to volunteer for
. these or other opportunities, call
985-7138. NSCS. is:-a -member
- agency of the United Way. :

‘to trial. at a. future date.

Sunday, September 6, 1992 - North News ~ 27

. Crown Counsel act as the law-
yers for the province. They will
decide if there is enough evidence
to lay a charge against the
woman's sponse.

It is important to know that it
is Crown Counsel and the police
who make decisions about laying
a charge and making an arrest.
The woman who was assaulted
doesn’t make these decisions.

If the woman was injured, or if
it looks as if her husband or
boyfriend might assault her again,
the police can arrest the'man and
keep him in jail for up to 24
hours. He may be released then
until the court date.

If the woman is afraid he will
assault her again, the Crown

Counsel can ask a judge to order |

that the man only be released on
- certain conditions. —

This order i is sometimes called a
“no contact’’ order. It orders him

not to show up at the woman’s —

home or workplace, and‘ not to
call her on the telephone. ~

What happens. ia court varies
depending. on ‘circumstances. If:
. the. man pleads guilty, the judge

decides on’ a sentence. If the man
pleads net guilty, the case will go

: woman’s rele. in this whole pro-
cess is that.of a key witness for
the Crown.

The. court process can be a dif-
ficult one for the woman who has

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The.

been assaulted. She could contact
a transition house .worker, family
court counsellor, victims’
assistance volunteer or friend for
information and help.

We have focussed on the crimi-
nal justice system in this column.
There are other legal remedies
available to protect women and
their children who have been
assaulted or fear for their safety.

It is important to get legai help
to decide whith is the best route
to go. A lawyer, legal information
counsellor, or family court
counsellor can help here.

If the woman decides to end the
marriage with the man and if

there are children, she wiil proba- .

bly have to make decisions about
custody and access.

Custody is the legal right given
to a parent toa have care and con-

trol of the children. Access is the. gam
legal term for the children’s right “f

to see the other parent.
The parent who does not have
custody will be given access, or

‘visiting rights, unless the judge

feels it would be harmful for the
children. -

There will probably also be
decisions to make about financial

support for the children, and

possibly, support for one of the @
‘There. may be. family. .§

spouses.
property to divide and a divorce

-to go through.

Remember, the laws are dif-

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ferent depending on whether peo-
ple are in a common-law relation-
ship or whether they are legally
married. Again, it is very impor-
tant to talk over the options with
someone who can explain what
the laws are.

Family court counsellors work
with family members who are
thinking about separating. On the
North Shore, you can obtain fam-
ily court counselling services by
calling 983-4077.

North Shore Community Ser-
vices offers legal information
counselling io North Shore resi-
dents who cannot afford a Sawyer.

For information or to make an
appointment call 985-7138. To
obtain legal aid or information,

call the North Shore Legal Ser-

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vices Society at 980-7000.

Parts of the information con-
tained in this column were taken
from a pamphlet entitled Wife
Assault: Information on Your
Rights, available from the Legal
Services Society. Write to
Distribution Clerk, Legal Services
Society, Suite 300-1140 West
Pender St., Vancouver, B.C. V6E
4Gi.

The North Shore Crisis Services
Society operates a transition house
for battered. women and: can’ be
reached by calling the 24-hour
emergency number at 987-3374.

This column is prepared with
financial _ assistance from. the .
Notary Foundation... For more in-
formation call NSCS at 985-7138."

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