NCJ Number
67349
Date Published
1979
Length
64 pages
Annotation
THIS HANDBOOK PROVIDES AN ORIENTATION GUIDE TO THE LEGAL PROCESS IN BRITISH COLUMBIA, CANADA, FOR WOMEN WHO HAVE DECIDED TO INVOKE ITS PROTECTION AGAINST THE VIOLENCE OF THEIR HUSBANDS OR PARTNERS.
Abstract
INTENDED FOR PROFESSIONAL WORKERS IN THE LEGAL AND SOCIAL WELFARE SYSTEM, THE GENERAL PUBLIC, AND WOMEN IN PARTICULAR, THIS BOOK EMPHASIZES THAT WIFE BATTERING IS AGAINST THE LAW AND OUTLINES THE LEGAL ASSISTANCE RESOURCES AVAILABLE TO BATTERED WIVES. THE FIRST PART OF THE HANDBOOK PROVIDES QUICK REFERENCE FOR EMERGENCY ACTION AND IMMEDIATE FIRST STEPS THAT BATTERED WOMEN CAN TAKE TO SEEK HELP. INFORMATION IS LISTED ON FINDING LEGAL ADVICE, EMERGENCY SHELTER, AND FINANCIAL ASSISTANCE. THE SECOND PART OF THE BOOK CONTAINS A BRIEF INTRODUCTORY DESCRIPTION OF COURT STRUCTURE AND JURISDICTION. PART 3 IS DESIGNED FOR THE PERSON HELPING THE BATTERED WOMAN AND DESCRIBES IN DETAIL THE LEGAL REMEDIES AND ACTIONS AVAILABLE TO A WOMAN WHO HAS BEEN BEATEN. THE TEXT DISCUSSES OBTAINING NONENTRY, INTERIM, OR EX PARTE COURT ORDERS, DEPENDING ON THE EMERGENCY NATURE OF THE SITUATION; SEPARATION AGREEMENTS, WHICH CAN INCLUDE NONMOLESTATION CLAUSES; AND THE DIVISION OF MATRIMONIAL PROPERTY UNDER PART 3 OF THE FAMILY RELATIONS ACT. GENERAL PROCEDURES FOR LAYING CRIMINAL CHARGES ARE DISCUSSED AND SECTIONS ON AN EXPANDED DEFINITION OF ASSAULT AND ON THE BATTERED WOMAN AND SELF-DEFENSE ARE PROVIDED. OTHER TOPICS COVERED INCLUDE THE PROTECTION OF THE HOME REMEDIES OBTAINABLE IN DIVORCE PROCEEDINGS, A CLAIM UNDER THE CRIMINAL INJURIES COMPENSATION ACT, REMEDIES FOR BATTERED WOMEN UNDER THE MENTAL HEALTH ACT, AND A TORT ACTION. A GLOSSARY AND FOOTNOTES ARE PROVIDED. (MRK)