to bring an emergency motion A webinar presented by Pamela Cross, - - PowerPoint PPT Presentation

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to bring an emergency motion A webinar presented by Pamela Cross, - - PowerPoint PPT Presentation

Dec 07, 2022 331 likes •570 views

Supporting an abused woman to bring an emergency motion A webinar presented by Pamela Cross, based on content from Emergency Motions Toolkit, a resource published by Lukes Place Support and Resource Centre and available for $15.00 by

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Supporting an abused woman to bring an emergency motion

A webinar presented by Pamela Cross, based on content from Emergency Motions Toolkit, a resource published by Luke’s Place Support and Resource Centre and available for $15.00 by contacting admin@lukesplace.ca

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  • What an emergency motion is
  • What the process is to apply for one
  • Common reasons that emergency motions fail
  • The importance of evidence
  • How to support women in gathering evidence and

presenting effectively

Objectives

This webinar will assist you in supporting women who are thinking about bringing an emergency motion in family court. You will learn:

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Disclaimer

This webinar provides basic legal information and not legal advice. It is not a replacement or substitute for legal advice or representation. Any woman considering taking any action in family court should meet with a lawyer if at all possible.

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Some resources for women who cannot afford to pay for a lawyer include:

  • Family Law Information Centre (at family court)
  • Family Court Duty Counsel (at family court)
  • Family Law Service Centre
  • Family Court Support Worker
  • 2-hour Family Violence Authorization certificate

available from many women’s shelters

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  • A way to step outside the regular

Application and Motion processes

  • Allows a party to obtain a short-term
  • rder very quickly

What an emergency motion is

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What an emergency motion is (cont’d)

  • Only available when there is a serious

emergency

  • They are the exception to the rule and are

hard to obtain

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Types of emergency motion

  • There are two types of emergency motion:
  • Motion without notice, also called an ex

parte motion

  • Urgent motion
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When to bring an emergency motion

  • Safety
  • Children
  • Property
  • Financial support
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Procedure

  • Usually brought at the beginning of a case,

but can be brought at any time an emergency arises

  • Woman prepares required documents

(Forms 14, 14A and likely 35.1) and submits at court counter

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Procedure (cont’d)

  • No court appearance – judge reads

documents in chambers and makes a decision

  • Order must be immediately served on the

abuser before it is in effect

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Why emergency motions fail

  • Person is seen by the court to already be safe
  • Crisis has passed, at least for the time being
  • There is an alternative
  • The circumstances don’t meet the emergency

standard

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How to meet the test of emergency

  • Situations that could meet the test:
  • Abduction or threat of abduction
  • Imminent return or release of abuser who

has made threats of harm

  • Abuser has threatened to deplete all family’s

assets and has means to do so

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How to meet the test of emergency (cont’d)

  • Woman needs to provide strong evidence to

support her claim

  • Very important not to exaggerate or
  • verstate the facts as this can jeopardize

the future of the woman’s case

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The importance of evidence

  • Standard of proof: on a balance of

probabilities

  • Court needs to be strongly persuaded

because no evidence is being heard from the abuser

  • Court looking for red flags that this is an

emergency

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What makes good evidence

  • a history of violence, especially if frequency

and severity are increasing

  • a history of breaching restraining orders or
  • ther court orders
  • threats of violence, homicide, suicide or

abduction of child(ren)

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What makes good evidence (cont’d)

  • stalking behaviour
  • Unemployment
  • alcohol or drug dependency
  • depression /history of mental illness
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What makes good evidence (cont’d)

  • history of withholding children
  • abuser’s ties to another jurisdiction
  • any activities by the abuser that are

consistent with leaving

  • abuser has children’s passports
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Presenting evidence effectively

  • a strong, detailed affidavit is important
  • should begin with most recent event, then

present history in chronological order

  • should identify tactics woman has already

attempted to deal with problem

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Supporting a woman who is considering an emergency motion

  • become familiar with judicial attitudes in

your family court

  • help women identify degree of crisis
  • support her in gathering evidence
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Supporting a woman who is considering an emergency motion (cont’d)

  • assist her in preparing affidavit
  • safety planning
  • support her in preparing for the return to

court

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Additional resources Emergency Motions Toolkit Luke’s Place Support and Resource Centre $15.00 admin@lukesplace.ca

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Questions?