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Legal Guidance Presentation Notes LWSO 335

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University of Calgary
Law and Society
LWSO 335
Linda Mc Kay- Panos

Calgary Legal Guidance- Presentation: Heather Shustov and Keith Beyko Domestic violence legal intervention DVLI program Domestic violence- criminal- between accused and the state Can’t just drop charges, up to the crown In domestic violence, cannot get restraining order, can get queens protection order or  emergency protection order (given to people whose perpetrator was a family member) given in situation where stalking, violence, or threat of violence is happening. Victim of financial abuse cannot get this etc. must be recent, within 10 days, typically yesterday. Person cannot contact victim, go to home, contact family victims, work place. Given without notice. Under oath you say what happened and who you want protection from. Up until that point, the other person has no idea this is happening. If you don’t get one the other person has no idea what is happening. Contains date when it is reviewed by court of queens bench. At the review, the person can argue that it should not have happened and have it modified in some way. Some judges say that you need an affidavit act. If you aren’t allowed to go near 200m, you can still go to court house, its an exception.  Judge can confirm the epo for up to a year, throw the epo out, or set an epo down for a full hearing(happens not often, wouldn’t happen for 4-5 mos, takes up court time), or make a mutual no contact order (you can’t contact one another).  Epo not meant to resolve parenting custody, clause is added that says custody should be according to any other document  Queens bench protection order: very similar, given more notice, file application, get court date, the person receives the documents and shows up in court.  Applies for if a person is in prison for domestic violence, not immediate risk if they aren’t getting out for another month  Ask to be compensated for damages as a result of domestic violence (time missed at work, dental damages, moving costs too potentially)  Both of these are civil matters, a person can be criminally charged, typically not after the first time, but if it continues  Restraining order, classmates, peop
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