About Domestic Violence Law in Calgary, Canada
Domestic Violence law in Calgary, Alberta, Canada is primarily governed by the Family Law Act. The law provides protection to individuals from physical, emotional, or sexual harm caused by their family members. It also covers people involved in intimate relationships, including common-law and same-sex partners. In serious cases, these issues are also addressed under the Criminal Code of Canada.
Why You May Need a Lawyer
Legal assistance can be critical in cases of domestic violence to ensure your physical safety, protect your rights, and obtain justice. This may include filing for protection orders, initiating divorce or custody proceedings, defending against false allegations, and ensuring the enforcement of the law in criminal cases. Furthermore, a lawyer can knowledgably navigate the complexity of the legal system, help you understand your options, and advocate for your best interests.
Local Laws Overview
Key aspects of Calgary’s Domestic Violence laws include Emergency Protection Orders (EPO), which can be obtained by victims from the courts for immediate protection from an abuser. In more long-term instances, Restraining Orders or Queen's Bench Protection Orders can be used. Acts of domestic violence can lead to criminal charges such as assault, sexual assault, uttering threats, and criminal harassment. It is important to note that these laws apply equally to all adults regardless of gender, marital status, or sexual orientation.
Frequently Asked Questions
1. What constitutes domestic violence?
Domestic violence is not just physical abuse. It includes emotional, psychological, and sexual abuse, as well as financial control or harm, harassment, stalking, or threats made by a family member or intimate partner.
2. Can I get a Protection Order in Calgary?
Yes, victims of Domestic Violence can obtain an Emergency Protection Order (EPO), a Restraining Order, or a Queen's Bench Protection Order for their safety.
3. What if my abuser violates the Protection Order?
If a Protection Order is violated, it's a criminal offense. You should contact the police immediately if this occurs.
4. Can a lawyer help even if I don’t want to press charges?
Yes, a lawyer can still assist with obtaining protective orders, giving advice on safety plans, negotiating custody arrangements, and guiding you in related legal matters.
5. Can I still get help if I cannot afford a lawyer?
Yes, if you cannot afford to hire a lawyer, you may be eligible for free legal services through Legal Aid Alberta or Calgary Legal Guidance.
Additional Resources
Resources such as the Calgary Women’s Emergency Shelter, HomeFront Calgary, and Alberta Works can provide immediate assistance and support for domestic violence victims. The Alberta Government’s Family Violence Info Line is also available 24/7 for advice and directing you to appropriate services.
Next Steps
If you are a victim of Domestic Violence and need legal assistance, contact a trusted local lawyer who specializes in Domestic Violence. They can help you understand your legal rights and options. If you are in immediate danger, call 911. For non-emergency situations, you can contact local law enforcement or social service agencies for support and guidance.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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