YWCA Fresh Start start 3:Layout 1 - YWCA Canada

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<strong>YWCA</strong> CANADA | A TURNING POINT FOR WOMENyour fear is “reasonable,” meaning that a similar person in yourposition would be afraid.It is very helpful to your case if you have documented any incidents ofstalking or harassment, any threats, prior experiences with physicalabuse (including hospital records if you were ever treated for injuriesand the police file if criminal charges were ever laid).Family court no-contact orders issued against your partner do notgive him a criminal record. However, if he enters your home orapproaches you without your permission, the police can arrest himfor violating the terms of the protection order and he may then becharged with a criminal offence.It is important that your family court order state specifically andexplicitly that it is to be enforced by the police. Restraining ordersmay or may not have time limitations, and they only apply to partnersor ex-partners. Peace bonds and family court no-contact orders canbe helpful in making you feel safer and in limiting your partner’scontact with you. However, they are not a guarantee that your partnerwill not harm you. A persistent abuser will not care that he isbreaching a court order if his real goal is to frighten, intimidate orharass you.It is important to make copies of any no-contact order so you canhave a copy in a safe place at home, others in any location where youthink your partner might try to have contact with you (at work, thechildren’s school, etc.) and another with you at all times. It is easierfor the police to enforce one of these orders quickly if they can see acopy of it. A no-contact order of any kind is most helpful when it isone part of a comprehensive safety plan, which has been discussedearlier in this book.DO I NEED A LAWYER?You have a number of important legal rights. If you leave yourpartner or if your partner refuses to leave you, you should get legalhelp. It is very important to get legal help if:• you have children• you are not a Canadian citizen• you have had former dealings with the law or a child welfare agency.54
FRESH START Finding a lawyerTry to find a lawyer who has dealt with people with a similarbackground to yours. You can ask the shelter or a social worker forsuggestions.All provinces or territories have legal clinics, law societies or lawyerreferral services that offer a free first consultation. You can usuallyfind these in the yellow pages of your phone book.You may want to check out several lawyers before making a decisionabout which one to hire. If you can, find a lawyer who treats you withrespect and who listens patiently and sympathetically. Shelters may beable to provide you with a free consultation application. Note thatyou do not have to live in a shelter to be entitled to that consultation.Just call a shelter for guidance.If your financial situation requires you to rely on legal aid for a lawyer,you will not have as many choices, as the number of lawyers whoaccept legal aid clients is very few everywhere in the country. You mayeven have to <strong>start</strong> your case yourself while you are waiting for a lawyerwho will take your case.What can my lawyer do for me?Ideally, you will be able to find a lawyer who understands the specialissues involved in abuse cases. However, this is often not the case. Ifyou can find a woman’s advocate (see advocacy section for moreinformation about what advocates do) to support you through yourlegal case and accompany you to your meetings with your lawyer andyour court dates, you will find this very helpful.A lawyer will inform you about your rights and responsibilities andmay be able to:• Help you get “exclusive possession” of your home. This is the right tolive there until other arrangements are made but does notnecessarily give you full ownership of the house.• Get a restraining order against your partner, if you do not alreadyhave one.• Help you draft a separation agreement out of court.• Arrange for financial support from your partner.• Arrange for legal custody of the children.55
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FRESH START
Page 3 and 4: FRESH START 3TABLE OF CONTENTSAckn
Page 5 and 6: FRESH START 5WHAT IS THIS BOOK ABO
Page 7 and 8: FRESH START 7IS THIS BOOK FOR ME?I
Page 9 and 10: FRESH START 9The term “violence
Page 11 and 12: FRESH START At some point, you will
Page 13 and 14: FRESH START actions of their victim
Page 15 and 16: FRESH START While all partners disa
Page 17 and 18: FRESH START can be a time of height
Page 19 and 20: FRESH START You could begin by reac
Page 21 and 22: FRESH START This can mean you may n
Page 23 and 24: FRESH START pain and anger and that
Page 25 and 26: FRESH START Child protection concer
Page 27 and 28: FRESH START As a parent, you have n
Page 29 and 30: FRESH START These may all be trigge
Page 31 and 32: FRESH START know where you are stay
Page 33 and 34: FRESH START those listed at the end
Page 35 and 36: FRESH START These are some of the d
Page 37 and 38: FRESH START your home in an emergen
Page 39 and 40: FRESH START do and where they can g
Page 41 and 42: FRESH START happening will stop man
Page 43 and 44: FRESH START evidence if criminal ch
Page 45 and 46: FRESH START under the Criminal Code
Page 47 and 48: FRESH START If your partner breaks
Page 49 and 50: FRESH START WHAT IF MY PARTNER SEXU
Page 51 and 52: FRESH START difficult to go through
Page 53: FRESH START bond because she or he
Page 57 and 58: FRESH START This is a very difficul
Page 59 and 60: FRESH START This person can take no
Page 61 and 62: FRESH START AccessIt is extremely u
Page 63 and 64: FRESH START your resources if there
Page 65 and 66: FRESH START Your friends may be uns
Page 67 and 68: FRESH START emergency room to get t
Page 69 and 70: FRESH START • Worker’s Compensa
Page 71 and 72: FRESH START Unfortunately, the proc
Page 73 and 74: FRESH START children, this may give
Page 75 and 76: FRESH START food could be a way for
Page 77 and 78: FRESH START If you have not graduat
Page 79 and 80: FRESH START FINALLY. . .It won’t
Page 81 and 82: FRESH START RESOURCESNATIONAL SERVI
Page 83 and 84: FRESH START Kids Help Phone: www.ki
Page 85 and 86: FRESH START Settle Manitoba: www.se
Page 87 and 88: FRESH START ONTARIOHousing Help Cen
Page 89 and 90: FRESH START ALBERTAYWCA Banff: www.
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YWCA Fresh Start start 3:Layout 1 - YWCA Canada

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