Women with Disabilities, Deaf Women and the Domestic Violence Courts We talk here about the abuser as a man. We know that women also experience domestic violence by partners in lesbian relationships and by female family members and caregivers.
The abuser can be a woman but statistics show that it is usually a man. Men use violence and the threat of violence to control women's behaviour. This is information about the new Domestic Violence Courts in Ontario.
This information is for deaf women and women with disabilities who experience physical and sexual violence by someone close to them. It is also for Crown Attorneys, lawyers, police officers, social workers and
staff of the Victim/Witness Assistance Programme to give to women who need it. Their responsibility is to make sure that they serve all women well in the new Domestic Violence Courts. What are the new Domestic Violence Courts? In 1997 a new court system for domestic
violence cases was set up in Ontario. They call the new system the Domestic Violence Court. It has two court systems.
They are different from each other. Both courts make the criminal justice system work better in domestic violence cases. Both courts make the system more respectful of women. In court, they call the person who
abused you the accused person. The First Court They call the
first court a domestic violence plea court. A judge hears a domestic violence case in plea court if four conditions are met.The four conditions are: 1.It is the first time they have charged the accused person with
domestic violence. 2.The violence did not cause injury to you that they could see. 3.Weapons were not used during the violence. 4.You agree to what will happen to the accused person after they explain it to you.
The court workers tell you and the accused person what will happen next.If the accused person says he is guilty of the violence against you
the judge will order him to go to a Male Batterers programme. A Male Batterers programme is a counselling programme for men who are violent to
their wives or intimate partners. Community agencies provide these programmes.While the accused person goes to the programme, he can live with you if that's what you want. A worker from the Male Batterers
programme will contact you to make sure that you are safe. She will also give you information about the programme. When the accused person finishes that programme, he returns to court for the judge to decide what
happens next. The judge can give the accused person a punishment that will not give him a criminal record but only if you agree and you still feel safe. The accused person will go on probation for the time the
judge decides. The judge can also give the accused other conditions to follow. Probation means he can leave court but he cannot be violent toward you or he will go back to court.
He must report to the court regularly while on probation. The Second Court
They hear domestic violence cases in the second court when: you are injured during the violence
or the police have charged the accused person with domestic violence before
or weapons were used. In the second court domestic violence
cases are handled by a team of people who have been given special training.The police and Crown Attorneys use new ways to get proof to show the judge that the violence happened. The police might ask you to tell
your story on videotape for this court to use. This way, the judge can see and hear exactly what you told the police. In both court systems, staff from the Victim/Witness Assistance Programme
will support you. You don't have to go through this alone. In the second court, if the accused person tells the judge that he did assault you then you might not have to go to court. You might want to go to
court anyway to tell the judge what you think the punishment should be. In court they call the punishment the sentence. If the accused person tells the judge that he did not assault you, there could be a trial.
A trial is where the judge decides if a crime has been committed. If there is a trial you must go to court to say what happened to you. The court must accommodate your disability. This is so you can
say what happened to you and understand what is happening in court. If they ask you to tell the judge what happened to you, the accused person's lawyer can ask you questions about your story.
Other people who saw what happened to you during the violence can be called to say what they saw. The accused person can also say what happened. How will the Victim/Witness Assistance Programme help me in Domestic Violence Court? If you are a
victim of a crime, you are considered both a victim and a witness to the crime.The Victim/Witness Assistance Programme staff will support you through the court process.
They will not discuss the details of your case with you. You discuss the details of your case with the Crown Attorney. The Crown Attorney is the lawyer who tells the court about your case. The staff of the Victim/Witness Assistance Programme will:1.make sure they meet your disability needs in court 2.make sure that you have the cultural and language
interpreters you need, including American Sign Language interpretation if you need that 3.take you on a tour of the court and explain where people sit and what everyone's job is
4.give you emotional support if you want that 5.make sure you understand what is happening in court 6.help you find community agencies for other supports you need, like housing or income, etc. 7.make sure that you
meet with the Crown Attorney and that he or she hears your story. The Crown Attorney presents the evidence to the court for you. Staff of the Victim/Witness Assistance Programme can help you write a statement
telling the judge how the crime has affected you. They call this a Victim Impact Statement. The judge considers this when deciding the punishment of the accused person. Staff of the Victim/Witness
Assistance Programme can help you submit an application to the Criminal Injuries Compensation Board. This means that you can ask the government for money for the emotional and physical injuries you suffered because of
the violence. You do not have to lay charges against your abuser to ask for this compensation. What happens in court?
In the second court, the judge listens to each person's story and all the proof of the violence. The judge can ask to hear the tape of when you called 9-1-1.
He or she can ask to hear audio tapes and see the videotapes of the police interviewing you and the accused person. The judge decides if the accused person's violent behaviour is a crime. The judge might decide that there is not enough proof to convict the accused person of the crime.This doesn't necessarily mean the assault didn't happen or that the
judge didn't believe you. It can mean that there wasn't enough proof to show that the accused person behaved violently toward you. If there is enough proof and the judge finds the accused person guilty of the crime,
the judge will listen to your lawyer and the accused person's lawyer. The judge will decide what the punishment will be. The punishment can make the accused person pay money to the court or the punishment can be
probation or the judge can send the accused person to jail. If the punishment is probation, the judge might send the accused person to a programme for alcohol abuse or a programme for men who are violent with their
partners. If you are afraid because they are releasing the accused person, tell the Crown Attorney. If the accused person gets probation, the court can put conditions on his release to help you be safe from
him. What if my abuser is my caregiver? If he is found guilty and goes to jail who will be my caregiver? If the accused person is found guilty and sent to jail by the court, plans must be made to be sure you
still receive the care you need. If the accused person is your personal attendant or service provider, groups for people with disabilities in your community may help you. Women's groups in your community can
probably help you too. What have the Domestic Violence courts done so far to make it easier for women like me to get justice? The court systems are improving in three important ways. 1.Information about the
new court system is presented in alternate formats. This helps women learn about our right to be accommodated by the court system whatever our ability or disability. It tells us that we have the right to be
supported according to our need. 2.The police, Crown Attorneys and judges are getting training and education about the way disabled, Deaf and
hard of hearing women experience discrimination.They are also learning about the extra discrimination disabled, Deaf and hard of hearing women who are women of colour, who are lesbian, who are Aboriginal and for whom
English/French is not a first language experience. This is so the police, Crown Attorneys and judges will understand why we might not feel safe and will help us better in court. 3.Where the Domestic Violence Courts
are set up women are getting supports like:
- American Sign Language/LSQ interpretation,
- wheelchair access,
- interpretation and translation in languages other than English/French,
- deaf/blind intervenors,
- Blissymbolics interpretation,
- flexibility in obtaining testimony.
Here are some examples of ways the new Domestic Violence Courts are helping women with disabilities and Deaf women. One court used deaf interpreters for victims whose first language is not American Sign Language or
signed English. In another case someone sat in the witness box with a victim who was hard of hearing and not able to lip read fluently and provided real time captioning of the trial proceedings. They changed the time of court for a victim who couldn't testify in the morning because of the effect of medications.In another case they made the time the court
met shorter and had breaks for a victim who got tired quickly because of her disability. The court proceedings have moved to locations outside the courthouse that are wheelchair accessible. In one case some court
staff and Crown Attorneys learned about psychiatric disability so they could be understanding of her. In another court the judge and lawyers spoke slowly and clearly to a victim who had a hard time understanding
complicated questions. Remember, it is not your fault if someone is hurting you. You have the legal right to be free of abuse. When you know your rights, you have a better chance to change
things. You do not deserve to be abused. People can help you. What other resources are available to me? Resources are available that tell you how the justice system works. Some resources are listed here.
Resources in Print Do you know a woman who is being abused? This is a legal rights handbook which provides detailed information about the legal system for women who are abused. It includes
a list of resources, safe homes and shelters in Ontario. Available from Community Legal Education in Ontario (CLEO) (416) 408-4420.
Information and Resources for Abused Women in Rural Ontario This is an information pamphlet for rural women and women living on
farms. Available from Education Wife Assault (416) 968-3422. Abuse is Wrong in Any Language A booklet for immigrant and refugee women who are suffering from abuse in a relationship or a
family. Available from Education Wife Assault (416) 968-3422. Criminal Injuries Compensation Board(416) 326-2900. Free pamphlets available. Resources in Your AreaOntario Ministry of the Attorney General, Victim/Witness Assistance Programme (416) 326-2429. They can tell you the location of the Domestic Violence Court
in your area. Helplines, Crisis Counselling, Transportation and Referral
- Assaulted Women's Helpline (416) 863-0511 TTY 516-9738
- SOS Femmes (French) (416) 759-0138 and 1-800-387-8603
- Police 911 (voice or TTY)
Legal Services and Information
- The Ontario Legal Aid Plan Phone (416) 598-0200 TTY 598-8867
- Dial-A-Law (416) 947-3330 Phone (416) 408-4420
Disability and Advocacy Organizations
- The Ethno-Racial People with Disabilities Coalition of Ontario (ERDCO)
TTY (416) 977-9008 Phone (416) 977-8510
- The Canadian Hearing Society (CHS)
TTY (416) 964-0340 Phone (416) 965-9595
- The Canadian National Institute for the Blind (CNIB)
TTY (416) 480-7419 Phone (416) 486-2500
- The Canadian Association for Community Living
TTY (416) 661-2023 Phone (416) 661-9611
- The Ontario Association for Community Living
Phone (416) 477-4348
- Advocacy Resource Centre for the Handicapped (ARCH)
TTY (416) 482-1254 Phone (416) 482-8255
- The Toronto Association for Community Living
Phone(416) 968-0650
- The Community Abuse Program of Rural Ontario (CAPRO)
Phone1-888-573-6966 Domestic Violence Court and Victim/Witness Assistance Programme (VWAP)
Locations*The Victim/Witness Assistance Programme will accept collect calls from women at (416) 326-2429 or through the Bell Call Relay Service
(BCRS) Toronto - OLD CITY HALL 'K' Court60 Queen Street West
Room 160 Toronto, Ontario M5H 2M4 T. (416) 327-5774 F. (416) 327-5787 VWAPRoom 341 A T: (416) 327-5959 F: (416) 327-6068
Toronto-NORTH YORK1000 Finch Avenue West
Downview, Ontario M3J 2V5 T. (416) 314-4222 F. (416) 314-4234 VWAPT. (416) 314-0009 F. (416) 314-0573
LONDON1500 Dufferin Street Suite 202 London, Ontario N6A 5N6
T. (519) 661-2883 F. (519) 661-2887 VWAP
80 Dundas St. Ground Fl. Unit B London, Ontario N6A 2A2 T. (519) 660-3041 F. (519) 660-3087 HAMILTON50 Main Street East, 5th Fl. Hamilton, Ontario L8N 1E9 T. (905) 308-7230 F. (905) 308-7249 VWAP125 Main St. E. 2nd Fl. Hamilton, Ontario L8N 3Z3 T. (905) 577-8438 F. (905) 546-3894 WHITBY3000 Garden Street Suite #300 Whitby, Ontario L1N 2G6 T. (905) 430-4150
F. (905) 430-4151 VWAPT. (905) 430-4170 F. (905) 430-4161 NORTH BAY360 Plouffe Street North Bay, Ontario P1B 9L5 T. (705) 495-8313
F. (705) 495-8363 VWAPT. (705) 495-8339 F. (705) 495-8336 OTTAWA161 Elgin Street Suite 3045 Ottawa, Ontario K2P 2K1 T. (613) 239-1200
F. (613) 239-1214 VWAPRoom 3185 T. (613) 239-1229 F. (613) 239-1214 BRAMPTON7765 Hurontario Street Box 428 Brampton, Ontario L6V 2L7 T. (905) 452-6626
F. (905) 455-9432 VWAP141 Clarence Street Brampton, Ontario L6W 3E6 T. (905) 450-4797 F. (905) 450-4092
Acknowledgements This booklet is the result of a collective effort by women with
disabilities, representatives from the criminal justice system and women's services. It is also available in French and the following alternate formats:
- more detailed version
- computer diskette
- audiotape
This booklet is in plain language. A longer version of this booklet with more information is available from Education Wife Assault. Clear Language and Design by: Nancy Friday-Cockburn
Illustration and Layout by: Margie Adam ART WORK Funded by: The Ministry of Citizenship, Culture and Recreation, Government of Ontario Copies of this pamphlet may be ordered from: Education Wife Assault
427 Bloor Street West, Box 7 Toronto, Ontario M5S 1X7 T. (416) 968-3422 F. (416) 968-2026 E-mail: ewa@interlog.com |
