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Last Update: November, 2000 WOMAN ABUSE PROTOCOL VICTIM SERVICES INTRODUCTION: Victim Services is a province-wide, criminal justice system based program operated by the Prince Edward Island Office of the Attorney General. Victim Services workers are professionals with backgrounds in social work and the criminal justice system. No fees are charged for this confidential service. Victim Services workers assist many victims of various types of crime. The following guidelines specifically address services to abused women: Upon receiving a referral from police, Anderson House, or another agency, the Victim Services worker will try to determine the safest method of contacting the abused woman, particularly if she is still living with the abuser. A letter to their shared address may put the victim at further risk. Initial contact should be made by telephone, if possible, and immediately after introducing herself, the worker should check whether this is a good time to talk. If not, the worker should leave her telephone number and tell the victim that Victim Services is listed in the telephone book and advise the victim how to find the number. Provided that the woman is free to talk, the worker will explain the assistance available through Victim Services and ask the woman if she wishes to schedule an appointment. If she seems hesitant, the worker will ask whether written information could be sent in case she wishes assistance in the future (caution will be used if the victim and abuser still live together). Appointments will be scheduled at the earliest possible date. Interviewing may take place in the Victim Services office in Charlottetown or Summerside or in a location more convenient for the victim, particularly if she lives in a rural area. If the woman is not living with the abuser and it is difficult for her to leave her home because of child care responsibilities or other reasons (e.g., lack of transportation), the worker may go to her home upon request. INFORMATION, EMOTIONAL SUPPORT, REFERRAL, During the initial interview, the worker will again explain the services available through Victim Services, and will then ask the client about the history of her relationship with the abuser. This will help the worker to understand the current stage of the victim (e.g., denial, blaming self, ambivalence, etc.), understand the context for the client's present situation, and assess the level of violence. The worker will discuss the cycle of violence and give the client appropriate written information (e.g., "Cycle of Violence," "Transition: Leaving an Abusive Relationship," and/or "Understanding Wife Abuse"), The worker will listen and help the client assess her options, but will not tell her what to do. The worker will help the client to make her own decisions and choices and will assist with safety planning. Depending on the client's needs, the worker may provide the following types of assistance during the initial and following interviews:
ASSISTANCE UNDER THE VICTIMS OF FAMILY VIOLENCE ACT The purpose of the Victims of Family Violence Act is to reduce and prevent family violence and to facilitate legal protection for victims by providing a speedy civil remedy. This legislation is to be used in conjunction with the criminal law. There are two types of orders under the Victims of Family Violence Act: Emergency Protection Orders and Victim Assistance Orders. Emergency Protection Orders Victim Services workers, as well as police officers, are "designated persons" under the Act. This means that Victim Services workers can apply to a justice of the peace for an Emergency Protection Order. This application is made on behalf of, and with the consent of, the victim. In most cases, the police are responsible for applying for Emergency Protection Orders. Victim services workers are designated as an alternative for the police in exceptional cases, e.g., when the victim does not wish to contact the police for a legitimate reason. (An example might be an immigrant woman who feels that she cannot trust the police because of previous experience in her country of origin). A Victim Services worker may be contacted by a police officer for assistance in applying for an Emergency Protection Order. If possible, the Victim Services worker should assist the officer as requested. Procedures for applying for an Emergency Protection Order are as follows:
.Rehearings and Reviews of Emergency Protection Orders All Emergency Protection Orders are reviewed by a judge of the Supreme Court within five days to ensure that the conditions specified in the Victims of Family Violence Act for granting Emergency Protection Orders have been met. If the judge is not satisfied that there was sufficient evidence to support the making of the Emergency Protection Order, the judge will order a rehearing. The Registrar is to issue a subpoena to the applicant and the applicants required to attend the rehearing. If either the victim or the respondent has asked that the order be changed or revoked, the court will schedule a review hearing. This includes a request by the victim to have the Emergency Protection Order extended until an application for a longer term order, such as a Victim Assistance Order or an order under the Family Law Act, is heard. If the victim wishes to be represented by a lawyer at a rehearing or review hearing, the Victim Services worker should make a referral to Legal Aid, if the victim meets the financial eligibility criteria, or direct the victim to the Lawyer Referral Service. If the victim wishes to represent herself or is unable to obtain legal assistance, the victim Services worker will give her an Information sheet for rehearings and review of Orders and provide information and support. The worker cannot provide legal advice or represent the victim at a rehearing or review hearing. Victim Assistance Orders Victim Assistance Orders are an option for victims of family violence in non-emergency situations or as a longer-term Order to continue after an Emergency Protection Order expires. Victim Assistance Orders require an application to the Supreme Court. An Information Kit is available to explain the application process. The Information Kit also includes the necessary forms. Because an application involves a formal Supreme Court process, victims of family violence are not usually able to apply on their own behalf. Victim Services workers should make a referral to Legal Aid, provided that the victim meets the financial eligibility criteria, and explain why the client needs a Victim Assistance Order. If the client is not eligible for Legal Aid or Legal Aid is unable to assist her, the worker should direct the client to the Lawyer Referral Service unless she already has her own lawyer. The worker should provide the client with an Information Kit, review the contents with her, provide assistance and clarification but not legal advice, and encourage the client to do as much of the groundwork as possible under the circumstances. The Information Kit is intended to help victims of family violence gather and organize the necessary documents and do some of the initial drafting, but legal advice should be obtained before finalizing and filing the documents. Also, if there is a hearing, it would be best for the victim to have legal representation, especially if the respondent has a lawyer. VICTIM IMPACT STATEMENTS If criminal charges are laid, the worker will explain the purpose of and the procedures for preparing a victim impact statement, and will give the client a Victim Impact Statement Information Sheet. If the client chooses to prepare a victim impact statement, the worker will assist with preparation and filing, in accordance with the policy and procedures approved by the Attorney General. A victim impact statement describes the harm done to, or loss suffered by, the victim of a criminal offence. The victim impact statement may include information about the physical injury, emotional impact, and financial loss resulting from the crime for which charges have been laid. The victim impact statement is the victim's statement. Victim Services staff type it in the prescribed format and have the victim review it and make any desired changes. Once corrections have been made, the victim signs it, and Victim Services staff witness it and file four copies with the clerk of the court. Upon finding of guilt, the clerk distributes copies to the judge, the Crown attorney and defense counsel. If a pre-sentence report is ordered, the clerk distributes the fourth copy to Probation Services. If the accused is found guilty, the judge will consider the victim impact statement when deciding on the sentence. The victim may read the victim impact statement aloud at the sentencing hearing. The victim may be required to testify to verify the contents of the victim impact statement. There are some special considerations which Victim Services workers must keep in mind when assisting abused women with preparing victim impact statements. The primary consideration is the difficulty she will probably experience trying to separate the emotional effects of the offence for which charges have been laid from the emotional effects of other abuse and offences committed during her relationship with the abuser. The worker needs to understand the frustration the abused woman may feel in this regard. The client may wish to tell the judge what sentence she feels is appropriate, but the Victim Services worker must advise her that, except for a request for restitution or a stay-away order, the victim impact statement does not provide for recommendations regarding sentence. The Victim Services worker should assist the client in making her views known to the Crown attorney who may take this information into consideration in the Crown's submission to sentence. ASSISTANCE THROUGH THE COURT PROCESS The worker will inform the client of the outcome of election/plea, any upcoming court dates and times, and any other relevant information from the accused's court appearances. This information will be provided, by telephone if possible, at the earliest opportunity. If a preliminary inquiry or trial is scheduled, the worker will also provide the client with a copy of the Guide for Witnesses. The worker will advise the client of further assistance available during the court process, i.e., court orientation, appointments(s) with the Crown attorney prior to the court date, accompaniment and transportation, if needed, to court. Depending on the client's wishes, the worker will then provide any or all of these services as described below. Since Crown attorneys are not generally assigned to cases until approximately one week before the trial/preliminary inquiry date, the worker will explain that it is best to wait until the week before the court date to arrange this appointment. At that time, the worker will find out who will be prosecuting the case, attempt to arrange an appointment at a suitable time, accompany the client and provide transportation, if needed. (NOTE: in some cases, it may be necessary to consult with a Crown attorney at an earlier date). For clients who have not been to court previously, familiarity with the courtroom setting can help alleviate anxiety. If the client is particularly anxious about being a witness, court orientation should be provided as soon as possible. This may be supplemented by viewing of a court preparation video (e.g., "The Victim as Witness" a video from the Yukon in which an abused woman describes her feelings and experiences preparing for and going through the court process). Court orientation consists of visiting the courthouse and explaining court procedures in an empty courtroom setting. The information provided includes the topics covered in the Guide for Witnesses and answers to any general questions about court which the client may have. Questions specific to the case should be directed to the Crown attorney. If the client wishes, court orientation may be combined with the appointment with the Crown attorney. In this case, it is best to provide the court orientation first so that the client is familiar with general court procedures before meeting with the Crown attorney for case-specific information. FOLLOW UP/LIAISON WITH OTHER CRIMINAL JUSTICE PERSONNEL Once the court process is complete, the Victim Services worker will continue to provide information, support, and liaison with criminal justice personnel as needed. This may include contact with Probation Officers, the Turning Point Coordinator, Correctional Centre staff, and/or Parole Officers regarding such matters as no contact orders, restitution, release dates and conditions, and violations of orders. When a jail sentence of six months or longer has been ordered, the worker will ask the client if she wishes to fill out a National Parole Board/Correctional Services Canada Request for Information form. If yes, the worker will provide and assist with completion of this form. If the client wishes, the worker may act as agent (i.e., contact person) for the client. CRIMINAL INJURIES COMPENSATION If the abused woman has received physical injuries and/or emotional trauma requiring treatment as a result of crime(s) committed against her, she may be eligible for criminal injuries compensation. Compensation may be awarded when a person is injured or killed in Prince Edward Island as a victim of an offence such as assault, sexual assault, murder, robbery, criminal negligence, or arson. The crime must have occurred after September 30, 1989, the proclamation date of the Victims of Crime Act. The maximum amount of compensation payable to all applicants in respect of the injury or death of one victim is $15,000. If it appears that a client may be eligible for criminal injuries compensation, the worker will ask if she wishes to apply and will give her an information sheet. If she does wish to apply, the worker will provide an application form and offer to assist by being present while the victim completes the form or, if the victim has difficulty with reading and writing, may complete the form by reading the questions and writing down the answers. If the worker completes the form, or any part of it, on the applicant's behalf, the worker will sign and date it below the applicant's signature. Assisting the client with the application helps to ensure that the client understands the questions and provides full and accurate information. This will help with the investigation of the claim and will save time in the long run. Once the application and necessary consent forms have been completed and signed, the worker will initiate investigation of the claim. The worker will immediately forward the original completed application form to the Provincial Manager, together with a covering memorandum outlining the information the worker intends to gather during the investigation of the claim. During the investigation, the worker will gather the following information, if applicable: victim impact statement, medical report(s), hospital report, police report, information from employer and counsellors, information from court proceedings, and any other relevant information. The worker will attend court proceedings, if possible, and take notes on evidence given. When all the necessary information has been obtained and the court process is complete, the worker will write a case analysis and forward all documentation to the Provincial Manager, who will either assess the claim and write a report and recommendation to the Attorney General or forward the claim to the adjudicator in the Legal Services Division for this purpose. The Attorney General will then make a decision regarding the claim. In some cases, claims may be reduced or denied because of contributory behavior of the victim, lack of cooperation with law enforcement authorities, failure to apply within one year of the date of the offence, or because the offence committed is not compensable. Any amounts recovered from other sources, e.g., restitution or insurance, will be deducted from the claim so that the victim is not compensated twice for the claim. One of the principles of criminal injuries compensation is that the offender should not benefit from any award made to a victim of crime. This consideration raises a special issue in cases where the abused woman continues her relationship with the offender. However, even in these cases, some losses such as dental costs may be compensable or it may be possible to place the award in trust with the Public Trustee. In some cases, the victim may be in immediate financial need. If the victim is in financial need and it appears probable that a compensation award will be granted, the worker will write an interim case analysis at the earliest opportunity, provide all available information to the Provincial Manager, and request consideration of interim payment(s) to the victim. Interim payments may be made for compensable financial expenses related to the victim's injury or death.  |