Table of Contents
What can you do if you are abused?
Will the police always lay assault charges?
Can you withdraw charges after they are laid?
What type of sentence will the offender get?
What are my rights if I leave my spouse?
What about child abuse and elder abuse?
Where can I get help if I'm abused?
Where can I get more information?
Information in this pamphlet is not a substitute for legal advice. If you have a specific legal problem you should talk with a lawyer.
We try to keep our material legally accurate and up to date. However, laws
do change. You can check with a lawyer, the Nova Scotia Department of Justice
or the Public Legal Education Society for changes to laws mentioned in this
pamphlet.
What is wife abuse?
In this pamphlet we use the term 'wife abuse' to describe any form of abuse
by a spouse. Abuse may be physical such as slapping or punching or it can be
threats. Abuse may be mental or emotional such as constant criticism, being
kept away from family and friends, or being denied money to buy food. Mental
and emotional abuse often go along with or lead to physical abuse.
Spouse means husband, wife or common law partner.
What can you do if you are abused?
Here are some things that you can do. You may also have other choices depending on your circumstances. For example, your spouse may agree to get counselling to help him with his problem.
- You can talk to someone about the abuse
You can tell a family member, a friend, or your doctor about the abuse. You can also talk to a support group in your community. At the end of the pamphlet there are phone numbers for agencies that may be able to help you. Women's centres and legal aid offices may be able to tell you of other services which offer help.
- You can get medical help
If you have been hurt you can go to your doctor or to the Emergency Department at a hospital. If your injuries are visible you can have pictures taken. They can be used in court should you decide to lay assault charges. There are special medical and police procedures for sexual assault cases. The Public Legal Education Society has a pamphlet called Sexual Assault which will give you more information.
- You can apply for a peace bond
A peace bond or 'recognizance' is a paper signed by a person (such as a spouse) promising to keep the peace and be of good behaviour. The peace bond may have other conditions such as requiring the person to stay away from your home or place of work. A peace bond may last for up to one year. The judge decides how long it will last.
You have to go to court to get a peace bond. You do not have to be assaulted to apply nor do you have to lay assault charges. You do have to convince the judge that you have a reasonable fear of the offender. The offender will also be in court.
If you are applying for a bond against a spouse, parent or child you apply to Family Court. In any other case you apply to the Provincial Court. The Public Legal Education Society's pamphlet Peace Bonds gives more information about getting a peace bond.
- You can leave your spouse
If you and your spouse do not get along there is no law that requires you to live together. Before you leave you should find out what your rights are in relation to the children and to property. If you decide to leave you may need to go to a women's shelter or you may have family and friends who will help you.
- If you have been assaulted, you can report it to the police
The Criminal Code, a federal law, says that assault is a criminal offence. The Code describes three types of assault and sets maximum penalties (called sentences) for each type. The three types of assault are:
- simple assault (usually called common assault). Examples are a
slapping, pushing or shoving, punching or someone saying that he or she will
harm you or your children.
- assault with a weapon or causing bodily harm. Examples are an
assault where you are beaten with a baseball bat or an assault where you get a
black eye or broken bones.
- aggravated assault is an assault where your life is endangered or you are wounded, maimed or disfigured. Examples are where the offender threatens to kill you or where your injuries from the assault leave you with a limp or scars.
- simple assault (usually called common assault). Examples are a
slapping, pushing or shoving, punching or someone saying that he or she will
harm you or your children.
What do the police do?
The police should respond to and investigate all complaints of wife assault.
The police must talk to you and your spouse separately and get a written statement from each of you. The police should arrest your spouse if
- it is likely he will continue the assault on you, or
- if there are other reasons for arrest such as where your spouse has assaulted you with a weapon or injured you.
The police officer must tell you what help is available in your community.
The police may charge your spouse with assault.
Will the police always lay assault charges?
No. The police have some leeway as to whether to lay a charge. In cases of family violence the police should lay charges where there are reasonable grounds to believe that there has been an assault.
The police can lay charges even if you do not want them to.
If the police do not lay charges and you think that they should, you can speak to the senior officer in charge. Also if you are dealing with the municipal police you can make a complaint to the City or Town Clerk or the Chief of Police. If you are dealing with the RCMP you can talk to the Commanding Officer of 'H' Division. There is also an RCMP Public Complaints Commission which looks into complaints against the RCMP.
If the police do not lay an assault charge, you can lay one. You must go to the court office and ask to see a Justice of the Peace (JP). If you have not already talked to the police, the JP may suggest you do so. However, the JP must allow you to lay the charges if you want to. Usually it will only be necessary for you to lay charges in cases of common assault. In cases of other types of assault there will usually be enough evidence for the police to lay the charge.
Cases of common assault between family members are usually heard by a
Family Court Judge. Other types of assault between family members and all
assaults between non-family members are heard in Provincial Court.
Can you withdraw charges after they are laid?
If the police have laid a charge, you cannot insist that they withdraw it. When the case goes to court you may be required as a witness for the Crown. If so, you will receive a subpoena. A subpoena is a court order telling you where and when to be in court.
The Crown presents the evidence against a person accused of breaking a criminal law. The lawyer who represents the Crown is called the Crown attorney.
If you do not obey the subpoena, the Crown attorney may withdraw the charges, or ask the judge to issue a warrant for your arrest, or proceed with the case. The fact that you and your spouse have worked out your problems, is not by itself enough to have the Crown attorney drop the charges.
If you laid the charges (rather than the police) you can withdraw the
charges by informing the court office where you laid the charges.
What type of sentence will the offender get?
A common assault can be dealt with either as a serious offence (called an indictable offence) or as a less serious offence (called a summary offence).
The sentence may be a fine, a jail term, a discharge or probation. It depends on the seriousness of the assault. The judge may choose one or more of these penalties. For example, the judge may fine the offender and place him on probation. The offender will have a criminal record.
The Public Legal Education Society's pamphlet Sentencing has more
information on sentencing.
"Anti-stalking Laws"
There is a new law called "criminal harassment" which may help protect you
if your fear for your safety or the safety of someone you know because your
spouse tries to harass you by repeatedly
- following you around
- calling you, your family, friends or workplace
- watching your home or workplace
- doing anything which threatens you or your family.
If your spouse does any of these you should talk to the police.
What are my rights if I leave my spouse?
There is no simple answer to this question because each case is different. You should get legal advice on your particular situation. You should not sign any papers which may affect your rights until you have spoken to a lawyer. You should not use the same lawyer as your spouse.
Here is some general information:
Children - usually both parents have joint custody of their children. On separation or divorce, they may decide that one spouse will have sole custody. If they cannot agree on who will have custody, either can apply to court and a judge will decide.
If you decide to leave your spouse and you want to take the children you should talk to a lawyer. This is particularly important if you intend to take the children out of the province. If you take the children you should apply for sole custody as soon as possible. Usually you apply to the Family Court. If you leave and are unable to take the children with you, you can still apply for custody or for access.
You can also apply to court for support for yourself and the children.
The Public Legal Education Society's pamphlets Custody and Access and
Maintenance give more information.
The matrimonial home - usually both spouses have a right to live in the matrimonial home. On separation or divorce they can agree on who will leave the home, who will pay the mortgage and upkeep on the home and whether the home will be sold. If they cannot agree, either can apply to court and a judge will decide.
You do not have a right to keep your spouse out of the home without a court order and your spouse does not have a right to keep you out.
If either of you want to keep the other out, you should talk to your lawyer.
If your spouse assaults you in the home, you can call the police. They may remove your spouse from the home temporarily but they cannot order him to stay away from the home unless he has signed a peace bond agreeing to stay away.
You can apply for an exclusive possession order for the matrimonial home. Such an order would forbid your spouse to enter the home. You should talk to your lawyer if you think you need an exclusive possession order or if you want to get a peace bond.
If you are not living in the matrimonial home, for example, you have left
your spouse and rented an apartment, your spouse does not have a right to
enter the apartment. You can call the police if your spouse tries to
enter.
Other property - besides the home, you may have a claim to some of the furniture and other property. You should talk to a lawyer about your particular situation.
If you are in a common law relationship usually you have a right to remove anything that you owned before or bought during the relationship. Problems arise if you bought things jointly or if you and your spouse disagree about who owns what. If this happens, you should talk with a lawyer.
When you leave you can take your personal items such as clothes. If you take the children with you, you can take their personal items also.
If you leave the home in an emergency, you may need to return to the home
to collect personal items such as clothes for yourself or your child. If you
fear that your spouse will assault you, ask the police to go with you to the
house. Whether the police will go with you will depend on the policy of the
particular detachment or police force.
What about child abuse and elder abuse?
This pamphlet does not deal with abuse of children or elder abuse. The law says that these types of abuse must be reported. In the case of child abuse you should make the report to the Children's Aid Society. In the case of elder abuse you should report it to the Adult Protection office at the Department of Community Services.
The Public Legal Education Society also publishes a pamphlet on elder abuse
called Elder Abuse - the Adult Protection Act.
Where can I get help if I'm abused?
Although there are laws to protect you sometimes they may not be enough. Some women who are abused find it necessary to move to another town o even another province in order to protect themselves and their children from an abusive spouse. You should talk with a lawyer about your situation.
Transition houses and women's centres provide support and help to women and
children who are being abused. Following are some agencies which may help you:
Shelters
In Nova Scotia there are a number of agencies which provide help including
shelter to abused women and their children. Here are their crisis line
numbers:
Antigonish:
Naomi Society 863-2852
Bridgewater:
Harbour House 543-3999
Second Story Women's Centre 543-1315
Cumberland County:
Transition House Assoc. 667-1200
Digby, Yarmouth, Shelburne County:
Juniper House 742-8689
Eastern Shore:
Safe House Association
(information service only) 889-2146
Halifax:
Bryony House 422-7650
Kings County:
Chrysalis House 679-1922
New Glasgow:
Tearmann Society 752-0132
Port Hastings:
Leeside Society 625-2444
Stellarton:
Pictou County Women's Centre
(information line only) 755-4647
Sydney:
Transition House 539-2945
Truro:
The Third Place 893-3232
(after hours call helpline 893-3333)
Where can I get more information?
The Public Legal Education Society provides information on the law through a telephone information line, booklets, pamphlets and law classes. It also provides a lawyer referral service. Callers are given the names of lawyers who will give an interview of up to 30 minutes for $20.
For information on the law or to use the lawyer referral service call 420-9779 in the Halifax/Dartmouth Metro area or 1-800-665-9779 toll free in NS if you are calling outside the Metro area. Monday - Friday
For information about law classes, publications and other business call (902) 423-7154
Dial-a-Law
Provides legal information on tape. 24 hour service Tel. 420-1888 (not toll free)
Family Courts
Family Courts are listed at the back of the phone book in the blue pages under Courts.
Victims Services Division
Department of Justice
PO Box 7
5151 Terminal Road, 3rd Floor
Halifax, NS B3J 2L6
Tel. 424-4858
Nova Scotia Advisory Council on the Status of Women
PO Box 745
Halifax, NS B3J 2T3
Tel.424-8662 or 1-800-565-8662 toll free
How can I find a lawyer?
At the front of the Yellow Pages of the phone book there is a page called Legal Service in Nova Scotia which tells you how to find a lawyer.
You can also call the Public Legal Education Society's legal information and lawyer referral service. Tel. 420-9779 in the Halifax/Dartmouth Metro area or 1-800-665-9779 toll free in NS if you are calling outside the Metro area. Monday to Friday
Legal Aid
Nova Scotia Legal Aid has offices across the province. They are listed in the phone book under Nova Scotia Legal Aid. Metro Community Law Clinic is part of NS Legal Aid. Tel. 420-3450
Dalhousie Legal Aid serves Halifax/Dartmouth Tel. 423-8105
The Public Legal Education Society is a non-profit organization which provides the public with information and resources on the law. The Society receives core funding from the Law Foundation of Nova Scotia, the Department of Justice Canada, and the Nova Scotia Department of Justice.
The Society's address is 1127 Barrington Street, Halifax, Nova Scotia, B3H 2P8
For information on the law or to use the lawyer referral service call 420-9779 in the Halifax/Dartmouth Metro area or 1-800-665-9779 toll free in NS if you are calling outside Metro.
For information on law classes, publications and other business call (902) 423-7154
Technical assistance: Moira Legere
3rd Edition: Maria G. Franks
ISBN: 0-88648-232-1
3rd Edition, April 1994
Wife Abuse