65 FAMILY VIOLENCE AWARENESS FamilyViolence Laws continued continued What are offences under the Victims of Family Violence Act? An offence is a crime. It is an offence for anyone to: • Disobey a court order. • Falsely apply for a court order. • Obstruct anything that is authorized by an order. • Publish any information that might identify a victim. What does the Victims of Family Violence Act do? The Victims of Family Violence Act is meant to be used together with the Criminal Code of Canada. In appropriate cases, the police will lay charges under the Criminal Code of Canada and will also seek a court order under the Victims of Family Violence Act to protect the victim(s). You may be able to stay in your own home with the help of an order under the Victims of Family Violence Act. Through the Act, you may be able to get: An Emergency Protection Order (EPO) A Victim Assistance Order (VAO) Who is a victim according to the Victims of Family Violence Act? A victim is a person who: • Has lived with the person who harmed them in a family relationship, or • Is living with the person who harmed them in a family relationship, or • Has one or more children with the person who harmed them. It does not matter if the victim and the person who harmed them were married or lived together at any time. Emergency Protection Orders An Emergency Protection Order (EPO) is a court order that can give immediate legal protections to victims of family violence. An EPO is: • Available 24 hours a day. • Ordered by a Justice of the Peace. • Effective as soon as the person who harmed you is served a copy of the order. • In effect for as long as directed by the Justice of the Peace (up to 90 days). If the person who harmed you is avoiding receiving the EPO, a Justice of the Peace may decide that service of the order is not required. Service means delivering a legal document to someone. This is usually to their home or to their lawyer. In these cases, the EPO is still active even though the person who harmed you has not received it. How do I get an EPO? Ask a police officer or a Victim Service worker if they can apply for an EPO for you. After they apply, a Justice of the Peace will order the EPO if they are sure: • Family violence has occurred, and • Your situation is serious and urgent. Victim Services can update you about your case, help you understand the criminal justice system and your rights, make a victim impact statement, and prepare for court if you are called as a witness. Victim Assistance Order A Victim Assistance Order (VAO) is a longerterm tool to help victims of family violence. It can be used: • For nonemergency situations. • When an Emergency Protection Order (EPO) is about to expire.
RkJQdWJsaXNoZXIy MTM0NTk1OA==