Victims of Domestic Violence Act

What is Domestic Violence?

· any act of physical violence or threat to commit physical violence bu one family member against another family member. This can include any kind of abuse or property damage that causes you to fear injury or property damage.
· If there is evidence of Violence charges can be laid under the Criminal Code and it is NOT the responsibility of the victim to lay charges and the victim can not withdraw charges. Police and Crown Prosecutors will make the decision.
· Any persons who have lived or do live together in a family, spousal or intimate relationship are considered part of a family. This includes: spouses, common-law spouses, same sex partners, children, siblings and persons with Disabilities.

How can the victims of Domestic Violence Act Help?

There are three ways to assist families

1) Emergency Intervention Orders (EIO)

You need to ask police, crisis workers or a victim service worker to get this order.
An EIO can:
-provide immediate action to protect you in an emergency that involves domestic violence
-is available 24 hours a day from a Justice of the Peace
-is effective as soon as the accused is notified.

EIO's are short-term orders that can:
-prevent the suspect from contacting you or your family
-give you the right to stay in your home
-direct a police officer to remove the suspect from the home
-direct a police officer to attend the home with you to remove personal belongings

2) Victims Assistance Order

These orders are issued by the Court of Queen's Bench. To apply for this order you need to see a lawyer or legal aid and they can apply on your behalf.

These are long-term orders that can:
-request the abuser to pay you for costs such as accommodation, counselling or legal
expenses
-provide similar conditions as an EIO
-give you temporary possession of such items as the vehicle, documents etc.
-prevent the abuser form contacting you and your family members

3)Warrant of Entry

This warrant is used to assist a person who is believed to abused and is unable to contact
help on his/her own due to disability, age or mental handicap.

If you are aware of a situation like this, contact the police and they can apply for a warrant
of entry which are issued by a Justice of the Peace.

The warrant of entry enables police to enter a building to check into the situation and if
necessary take the offender or victim out of the home.

IF YOU ARE A VICTIM-HELP IS AVAILABLE.

Prepared by Saskatchewan Justice/Women's Secretariat, February 2000