Supporting an abused woman to write an effective affidavit Webinar... · Supporting a woman write...
Transcript of Supporting an abused woman to write an effective affidavit Webinar... · Supporting a woman write...
Supporting an abused woman to write an
effective affidavit
A webinar presented by Pamela Cross,
based on content from
After She Leaves Manual:
Supporting Women Through the
Family Court Process,
a resource published by
Luke’s Place Support and Resource Centre
and available for $35.00 by contacting
What an affidavit is
The role of affidavits in family court
How to use an affidavit effectively
What evidence can go in an affidavit
Tips for writing an affidavit
ObjectivesThis webinar will assist you in supporting women who need to write affidavits in their family law case. You will learn:
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.
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
a legal document
person swears or affirms is the truth, in writing and in front of a witness
What an affidavit is
When an affidavit is used
when making an Application for custody: Form 35.1
when bringing a Motion or Emergency Motion: Form 14A
Role of affidavits
key piece of evidence in family court cases
chance for both people to tell their side of the story
opportunity for other people to share relevant information/evidence
Using an affidavit effectively
must provide evidence that is relevant to the issue(s) in front of the court
needs to be detailed and accurate
needs to be honest
What evidence can go in an affidavit
should include evidence of abuse and, in custody cases, about parenting history
a chronology of abuse, including details about kinds and severity
information about post-separation abuse
information about the impact of the abuse on her and on her children
What evidence can go in an affidavit (cont’d)
information about any assistance woman has attempted to get
other people who can provide evidence:
• family doctor
• religious leader
• children’s teacher
What evidence can go in an affidavit (cont’d)
other evidence can be attached to an affidavit as an exhibit:
• hospital report of injuries
• police report
• photographs of injuries
• prior criminal record of abuser
• emails, letters, texts, phone messages from abuser
Tips for writing an effective affidavit
write simply and clearly
start with most recent event, but then present information in chronological order
each paragraph should contain only 2 – 4 sentences
paragraphs should be numbered
write in the first person
Tips for writing an effective affidavit
answer three questions:
• Who is my family?
• What do I want?
• Why should I get it?
Supporting a woman write affidavits
prepare her for what her abuser will say in
his affidavits:
• deny or minimize the abuse
• blame her for his behaviour
• claim she is the perpetrator
• claim she is incompetent, unstable, has a drinking/drug problem, etc.
Supporting a woman write affidavits (cont’d)
encourage her to be frank about abuse
help her write out her history of abuse as well as of pre- and post-separation parenting
provide templates or prototypes for her to use as a model
Supporting a woman write affidavits (cont’d)
safety planning for when he receives her affidavits
provide her with a memory stick for her affidavit writing
Additional resources
After She Leaves Manual:
Supporting Women Through the
Family Court Process
Luke’s Place Support and Resource Centre
$35.00
Questions?