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Domestic Violance

Started by Av.Duygu Tekay, April 15, 2007, 04:03:04 PM

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Av.Duygu Tekay

Q. Can I get an order of protection against a person I'm not married to?
A. Yes. You can go to a Criminal Court if you have no children with that person, or to a Family Court and a Criminal Court if you have a child with that person.

Q. I'm being stalked. Can I get an order of protection?
A. Stalking is a form of Harassment. That is one of the crimes that allows you to get an order of protection.

Q. What is a petitioner and what is a respondent?

A. In Family Court, a petitioner is a person asking for an order of protection. (In Family Court, cases filed for an order of protection are called family offense cases.) A respondent is a person a petitioner wants an order of protection against. In a Criminal Court, that person is called a defendant.

Q. Can I have a lawyer?

A. In a Family Court, the petitioner and the respondent each have the right to hire a lawyer. If a petitioner or a respondent can't afford to hire a lawyer, they can ask the court to appoint a lawyer free of charge. In a Criminal Court, the district attorney's office or other prosecutor represents "the people." They help the person who wants an order of protection. The defendant can hire a lawyer or have the court appoint one free of charge if he or she can't afford it.

Q. How do I start a case?

A. Call the police if you feel you are in danger. You can go to your county's Family Court to file a family offense petition, go to the district attorney's office (or other local prosecutor's office), or go to the local Criminal Court. You can choose to do all of these things if you want.

Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:

• not to assault, menace, or harass you or commit crimes    of reckless endangerment or disorderly conduct towards    you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and    other places you may want.
• not to telephone or e-mail you or write you letters.

The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.

Q. What happens if I miss my court date?

A. If you are a petitioner in Family Court, your case will probably be thrown out and any temporary order of protection you had will be gone on that day. You can renewal 3 months againın familiy court. .If you are a respondent in Family Court, the case can be done without you there (provided the petitioner gave you notice of the case) and an order of protection can be issued. As a respondent or defendant, a warrant may be issued for your arrest in either a Family Court or a Criminal Court if you don't show up.


Just wanted to take a moment to remember and honor the lives of women every where who have faced death and violance in this world simply because they are female, especially remembering thw women of the Montreal Massacre today, on the 29 th anniversary of that horrendeous day.

Violance , basic human Rights violations, gender genocide, female genital mutilaionn, domestic violence, gender discrimination...all still going on, in the name of culture, religion  traditionA very sad sad state of being ...we are family, we only ask for the same human rights and equality that everyone  diserves.

WE as female wish to be allowed to be free persons , protected by the same laws of the land as our Brothers...we just wish to BE...

Until we no longer have to ASK for , OR DEMAND all aspects of life situations, the tears will continue to be shed...and candles will continue to be lit in memory of our fallen SISTERS.

Picture you newborn daughters facing violence of some sort simply because of her gender, and consider if you would speak up and out for her rights and safety...

WE are all someones DAUGHTERS...

Candle light vigils are being held across Canada today...Please consider attending and sharing the light.

Wishing an inclusive world for my daughter, and daughters EVERYWHERE,