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Do you know a woman who is being abused? A legal rights handbook

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What is a bail hearing?

If the police have concerns about releasing your partner, they must take him to court for a bail hearing. The judge or justice of the peace will decide whether to release him while he waits for his trial, or to keep him in custody until the trial.

Bail hearing: when the person charged with a crime goes to court after they have been arrested. At court, they ask a judge or a justice of the peace to decide whether the police can continue to keep them in jail, or whether they must let them go.

The person may be let go with "conditions" that they must follow. For example, the court might order them to stay away from their partner.

Important: You do not have to go to the bail hearing.

Tell the investigating officer what you want the court to know about your partner. You can ask for conditions you want on his release either when you give a statement, or as soon as possible after that. This is important, especially if you feel afraid. If you need help explaining your concerns, you can call VWAP, a shelter, or a Sexual Assault/Domestic Violence Treatment Centre for help.

If your partner is held for a bail hearing, staff from VWAP will try to call you before he is released to ask you for information, such as safety concerns, that you would like the Crown Attorney to know. It is important for you to give the police an up-to-date phone number so that they can call you.

If your partner is not released and he waits in jail for his trial, the court can order that he not communicate with you or your children. If you want this type of no contact condition, tell the police or VWAP staff.

If the court made a no contact condition and your partner contacts you or the children, call the police.