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  • Asked & Answered: How do I apply for a restraining order - Peace Bonds and Family Protection Orders

    by Roman Lanzarotta | Apr 01, 2016


    HOW DO I APPLY FOR A RESTRAINING ORDER: PEACE BONDS AND FAMILY PROTECTION ORDERS

    Asked & Answered is a collection of answers to tricky legal research questions, written by Courthouse Libraries staff. Search Asked & Answered here.

    Go to Part 1: What is a Protection Order?

    In BC there are two types of orders that might be referred to as a Restraining Order, though they are properly called Protection Orders. A Family Protection Order is used to protect family members from “family violence” and can only be obtained against a person you share a family relation with, which can include partners and guardians. A Peace Bond is meant to protect you, your family or your property from someone who you fear means to do you harm. Peace Bonds can be obtained against anyone.

    These orders are used in circumstances in which you feel unsafe but are not in immediate danger. If you are in immediate danger you should contact the police at 911.

    A full guide on Protection Orders can be found here.
      

    Peace Bonds

    You can apply for a Peace Bond by contacting the police through 911 even though it is not an emergency. The officer you speak to will take a report which will be forwarded to Crown counsel and a hearing will be set if Crown counsel agrees that the matter should proceed. If Crown counsel does not agree, or the police will not forward the matter, you can apply for a Peace Bond yourself by laying an Information with a Justice of the Peace in Criminal Court. Peace Bonds expire after one year.

       

    Family Protection Orders

    A Family Protection Order is applied for to protect you or your family from a family member or relation.

    Family Protection Orders are usually applied for through the BC Provincial Court, though they can be applied for through the BC Supreme Court as well. They are free through provincial court and cost either $80 or $200 dollars through the Supreme Court depending on whether you already have a case before the court or not. You can apply to waive these fees if you meet certain financial criteria.

    To apply for either you will need to file the following forms with the appropriate registry:
      

    For Supreme Court

    • Affidavit (Form 30)

    • Notice of Application (Form 31)

    • Notice of Family Claim (Form F3) unless

    you’ve already filed one

    • Protection Order (Form F54)

    • Requisition (Form 17) to ask for an “order

    without notice” and/or an urgent application

    (see next section)

       

    For Provincial Court

    • Affidavit (PCFR Form 17)

    • Application to Obtain an Order (PCFR Form 1)

    • Notice of Motion (PCFR Form 16)
       
     

    References


    Family Law LSS: Family Protection Orders

    Family Law LSS: The Difference Between Peace Bonds and Family Protection Orders

    BC Protection Order Registry

    VictimsInfo: Protection Orders

    For Your Protection: Peace Bonds and Family Law Protection Orders



    Contacts


    VictimLink BC
    1-800-563-0808HOW

      

  • Decrypted: digital collections for the criminal practitioner

    by CLBC Administrator | Feb 08, 2013

    It's been a good year for the criminal bar—at least as far as library resources are concerned. 

    Last month we announced the launch of the Criminal Law Practice Portal, and extolled the virtues of this specially designed section of our website which was built in consultation with BC lawyers and judges. Then just last week we touted the addition of Rangefindr which lets Law Society of BC members run sentencing quantum searches in an easy-to-use online interface where you can start broad (e.g. "fraud over $5,000") and then checkbox your way to isolate exact factual variables using Canadian case precedents (e.g. accused who profited in the millions, evaded detection and still got a conditional sentence). 

    Below are a couple more resources for criminal law practitioners.

    More Online Criminal Law Resources

    #1 - Irwin Law's Criminal Law Textbooks

    You have to be logged in to the Lawyers' Reading Room to access Rangefindr, but once you're there be sure to check out these ebooks from Irwin Law: 

    • Charter of Rights and Freedoms 4/e, The by Hon. Robert J. Sharpe & Kent Roach
    • Criminal Law 4/e by Kent Roach
    • Criminal Procedure by Stephen Coughlan
    • Detention and Arrest by Steve Coughlan & Glen Luther
    • Ethics and Canadian Criminal Law by Hon. Michel Proulx & David Layton
    • Fundamental Justice by Hamish Stewart
    • National Security Law: Canadian Practice in International Perspective_ by Craig
    • Youth Criminal Justice Law 2/e by Nicholas Bala & Sanjeev Anand
    • Carnal Crimes: Sexual Assault Law in Canada, 1900–1975 by Constance Backhouse
    • Counsel for the Defence: The Bernard Cohn Memorial Lectures in Criminal Law edited and introduced by Edward L. Greenspan, Q.C.
    • Expert Evidence in Criminal Law: The Scientific Approach 2/e by Alan D. Gold
    • Forensic Investigations and Miscarriages of Justice: The Rhetoric Meets the Reality by Kent Roach, Bibi Sangha, & Robert Moles
    • Getting Away With Murder by David Paciocco
    • Human Rights of Anti-Terrorism, The edited by Nicole LaViolette & Craig Forcese
    • In the Balance: The Administration of Justice and National Security in Democracies edited by Christopher K. Penny
    • Jury Selection in Criminal Trials by David M. Tanovich, David Paciocco, & Steven Skurka
    • Money Laundering and Proceeds of Crime by Robert Hubbard, Daniel Murphy, Fergus ODonnell, & Peter DeFreitas
    • Understanding Section 8: Search, Seizure, and the Canadian Constitution by Susanne Boucher & Kenneth Landa
    • Wigmore on Alcohol: Courtroom Alcohol Toxicology for the Medicolegal Professional by James G. Wigmore


    #2 - Canadian Statutes

    From the main page of the Reading Room take a plunge into HeinOnline and locate "Australian and Canadian Acts of Parliament" as well as "Revised Statutes of Canada" under subscribed libraries in the column at left (follow these links if you are already logged in to the Reading Room).

    Sure you can find federal laws on the website for the Department of Justice, but there is something empowering in knowing that you can also, if you wish, view any Act of the Parliament of Canada, and Upper Canada before that, as it was printed using only your iPhone. These go all the way back to 1792 and are fully searchable. "Australian and Canadian Acts of Parliament" includes annual volumes of acts  pertaining to Canada. The newly added "Revised Statutes of Canada"  now also offers complete digital versions of the printed series from 1886, 1906, 1927, 1952, 1970 and 1985.

    Digital Tools in the Branches

    When you are in any branch of the library, take a moment to explore what's on the computers. You may not have realized just how deep these resources were.

    #1 - CriminalSource 

    This tool from is an extension of LawSource, and will be extremely familiar to use if you've had experience on Westlaw's platforms. Now that Canada Law Book was acquired by Westlaw (or Reuters, really, which owns the family), it offers a ton of great information tools – including the full Canadian Criminal Cases reports – and others you will be familiar with. Here's a list of the highlights from within CriminalSource:

    • Gibson, Canadian Criminal Code Offences
    • Gibson, Criminal Law Evidence, Practice and Procedure
    • Segal, Disclosure and Production in Criminal Cases
    • Watt, Watt's Manual of Criminal Evidence
    • Watt's Criminal Law and Evidence Newsletter: Authored by Justice David Watt. It is published every two weeks.
    • Law report articles from Carswell's Criminal Reports and Motor Vehicle Reports
    • Journal articles from Carswell's Canadian Criminal Law Review.
    • Neuberger Rose Criminal Law Advisor. Authored by Joseph Neuberger and David Rose. It is published every month.
    • Cournoyer-Ouimet en bref. Authored by Mr. Justice Guy Cournoyer and leading defence counsel Gilles Ouimet. It is published every month.
    • Segal’s Motor Vehicle and Impaired Driving Newsletter. Authored by Deputy Attorney General for Ontario, Murray Segal. It is published every two weeks.
    • Mack Criminal Law Newsletter by Assistant Crown Attorney Dallas Mack.
    • For the Defence by the Criminal Lawyers’ Association. Five issues per year
    • Tremeear’s Annotated Criminal Code

    #2 - Criminal Spectrum

    This was the platform developed by Canada Law Book before they were acquired by Westlaw. It supports the digital versions of Canada Law Book's criminal law publications. For the time being, it is offered independently from Westlaw's CriminalSource product, and the overlap in any event is minimal. Both products have the contents of Canadian Criminal Cases, although the way Criminal Spectrum renders the CCCs is quite impressive, given that the electronic version appears to be a perfect photocopy of the printed version, and you would be hard pressed to produce a more authentic copy even if you owned the series yourself. 

    Criminal Spectrum is available on the computers in all branches, and includes:

    • Canadian Criminal Cases, since 1898 – in a format that resembles exactly how the cases were printed, not just the text in HTML.
    • Martin's Annual Criminal Code with annotations by Edward L. Greenspan, Q.C., The Honourable Justice Marc Rosenberg and Marie Henein
    • Martin's Related Criminal Statutes with annotations by Edward L. Greenspan, Q.C., The Honourable Justice Marc Rosenberg and Marie Henein
    • Canadian Criminal Procedure, Sixth Edition by The Honourable R.E. Salhany, Q.C.
    • Sentencing: The Practitioner's Guide by Gary R. Clewley and Paul G. McDermott
    • Youth Criminal Justice Act Manual by The Honourable Justice Peter J. Harris and The Honourable Justice Miriam H. Bloomenfeld
    • Drug Offences in Canada, Third Edition by Bruce A. MacFarlane, Q.C., Robert J. Frater and Chantal Proulx
    • McWilliams' Canadian Criminal Evidence, Fourth Edition by The Honourable Justice Casey Hill, Prof. David M. Tanovich and Louis P. Strezos
    • Criminal Pleadings & Practice in Canada, Second Edition by The Honourable Justice E.G. Ewaschuk
    • Criminal Law Quarterly
  • Rangefindr in the Lawyers' Reading Room

    by CLBC Administrator | Jan 28, 2013

    When we started planning the criminal law practice portal, we knew we had to get out in to the field and ask criminal law practitioners what they needed. One point that came up over and over was the need for an efficient way of finding sentencing ranges. Several of the lawyers we chatted with mentioned rangefindr, an intuitive new criminal sentencing quantum tool. We are extremely pleased to offer rangefindr through our Lawyers’ Reading Room, available to BC Law Society Members. If you haven't already done so, once you sign up for the Reading Room you will be able to access rangefindr from your office or home. 

    So how does rangefindr work? It’s really very simple. Click a few tags that describe the kinds of cases you're looking for (like "Assault," "First offender," and "Emphasizes rehabilitation") and rangefindr tells you what kind of sentences were imposed in those cases. 


    The exciting part of rangefindr is the level of granularity it offers. And once you have ticked off boxes under the different categories, you can  immediately see how many cases there are matching those factors.  Rangefindr does a fantastic job of reducing an overwhelming number of cases to just the useful ones.  Cases can then be sorted by highest punishment, lowest punishment, most recent, judge and court level.




    Interested in learning about rangefindr in more detail? Rebecca (one of our librarians) and Meghan (one of our community liaison lawyers) have created a short video to show you how to use rangefindr for maximum efficiency. Listen to an interesting fact pattern and see how easy it is to find sentencing ranges quickly.



    Courthouse Libraries is also hosting a workshop to help you get the most out of the Lawyers's Reading Room.  Join Meghan Maddigan, our liaison lawyer and trainer, on February 19, 2013 and earn 1 hour of CPD credit while exploring rangefindr and other Reading Room products. You can attend from anywhere in the province via webinar. Criminal law practitioners might also be interested in our upcoming Reading Room for Criminal Lawyers. In this hands-on webinar, we'll work through more advanced ways to use the Reading Room specifically for lawyers practicing criminal law.  (click here to register for the workshops or call 1.800.665.2570).

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