|
有没有隔离令的原版,我们可以看到隔离令上具体是怎么说的呢?另外,隔离令不是由警察出具的,而是由法官发出的,那么法官出具隔离令都有什么条件吗?
如果仅仅因为怀疑家庭暴力,认为可能有家庭暴力,就可以发出隔离令的话,没必要必须由法官发出,警察也可以发出。希望懂行的朋友解释一下。
I can answer this question, after doing this job for a living for 20 years in Canada.
After a person is investigated, arrested and charged by police in accordance with the Criminal Code, the person can be released by an Undertaking, which is the promise to show up at court for a hearing. The undertaking, which is for minor offenses, can come with or without a condition. In violence against women, the common condition is no contact with the victim and/or the children residing with the victim.
The verbatim is like no direct or indirect communication unless via a third party e.g. a counsel or CAS, if CAS is involved. Others like 200 metres away from the residence, workplace or school.
This undertaking is valid till the first court hearing. A court order will replace the undertaking.
If the person is detained for the night till bail hearing at a law court, the judge will make a bail condition with or without conditions. If there are no contact conditions, verbatim will be very similar to the above.
In Lee's case, I bet he must have been detained for the night for a bail because he had a knife, and according to his own submission, there was a no contact order. He returned home after 2 weeks, despite the court order.
After the seond incident which was a verbal altercation, he was detained because of the breach of the no contact order.
I don't understand why he was detained for 2 months, which is a long time. Did he have a lawyer? Did he re-negotiate the bail conditions at court? He didn't say. Perhaps, he didn't know or understand the process.
According to Lee's submission in 51, I bet there was no trial, so he was not convicted or acquitted. I guess he entered into a plead bargain with the Crown Attorney that he agreed to the extension of the no contact order for the Crown's decision not to proceed. In a nutshell, he was not guilty or innocent, but agreed to a court order.
In common law, most conflicts are handled by bargain and settlement. Less than 10% of the cases will go to trial; otherwise, we will need a court house on every street.
No matter what, since day 1 from the first incident, there has been a court order. Such a court order is still in effect till a year later. A court order speaks for itself that Mr. Lee is a risk to Ms Wu.
What is interesting is Mr. Lee says the court order forbids him from having contact with his daughter. If that's the case, the judge believes he is a risk to his daughter as well.
Can he appeal? If he was convicted, he missed the 30 day appeal period. If he had a bargain, he has a "contract" with the court.
His criminal case is done and over.
Can he apply for custody? Yes, he can, but the chance is quite slim. Ms Wu will use this criminal court case and CAS record against him. At best, he can have access after the no contact order expires. |
|