From time to time we get calls from women seeking help because they fear for their personal safety and/or the safety of their children.  In situations where violence has or continues to occur the first step is to get out.  If that means calling 911 for help or escaping to a womens shelter than that is what you do. You cannot resolve your problems or protect your children if you stay in an abusive (dangerous) environment.

What if you have no where to go?

Some women stay because they feel they have no where else to go.

Rather than deciding to tough it out (the statistics on death at the hands of a spouse or partner show this is not a good idea), if you are in an abusive relationship and need to get out you have options.  Shelternet is one.  As their website explains, Shelternet

was created to provide reliable and up-to-date information for abused women, their family, friends, and colleagues in Canada. Please browse the website or take a look through our special sections on topics such as understanding abuse, find a shelter, or abuse and children.

There is information on the Shelternet site designed for the specific needs of teens, children, family + friend (support information).

To access Shelternet in:  French, Spanish, Polish, Vietanamese, Chinese, Arabic, Farsi and Punjabi go to Shelternet Translations.

Alternatively you can contact the Transition House closest to where you live. The number one priority is your personal safety and that of your children.  You can consider your options after you are in safe place.

A Transition House provides:

• a safe place for you and your children
• food and other necessities
• temporary shelter
• support in getting financial, medical or legal help
• emotional help and counselling

The Legal Services Society Family Law Website also has information on dealing with abuse.

Some things you can do if the police won’t do anything

In some cases you may have already reported the matter to the police and have been told there is insufficient evidence to take any action against the person making the threats.  Obviously, if you are being threatened with violence, stalked or you are fearful because you are being harassed this is both extremely frightening and frustrating.

However, there are some steps you can take to empower and protect yourself.  The following list with links provides some ideas to get you started:

Suggestions and strategies to increase your safety if you feel intimidated, threatened or you think you are being stalked

Need protection from someone who has physically abused you or is threatening to do so?  Review detailed info on peace bonds, restraining orders and no contact orders or you can read the LSS Fact sheet (which is also translated) here Fact Sheet.

Further information and resources dealing with family situations, safety, abuse and help to stop family violence can be accessed through the Clicklaw web portal.

Occasionally we get calls from people seeking a certificate of apostille or apostille stamp for a notarized document.  An apostille certificate verifies that the person who notarizes a document is a qualified notary and licensed to practice in the jurisdiction in question.  Usually, this kind of request comes from a lawyer, notary or government official in a foreign country who requires a document that will be used in that country for some legal purpose.

Unfortunately, the apostille system only applies in countries where the government has signed The Hague Apostille Convention Abolishing the Requirement of Legalization for Foreign Public Documents (1961). The United States is a signatory and the State Department – Bureau of Consular Affairs provides some further definitions of the functions of an apostille and where to get more information on signatories to the convention.

BUT – Canada is not a signatory.  Therefore, there is no apostille system in Canada.  Instead we have an equivalent process called “legalization and authentication” which normally means that the notarized document must be sent to the relevant Law Society or Society of Notaries where the governing body then verifies the signature of the lawyer or notary (as the case may be). An additional step is usually necessary where the consulate of the foreign country then also verifies the approval of the law society or notaries society, sometimes in conjunction with a Canadian government office.

It is very important to check with the embassy or consulate of the foreign country where you intend to use the document to determine what rules must be followed for the document to be accepted as proper documentation in that particular country. The rules do vary from country to country.  Therefore, it is prudent to call the person requesting the apostille, tell them that the process is not available in Canada because Canada is not a signatory to The Hague Apostille Convention and ask what they accept as an alternative. Sometimes they will require a regular notary stamp, then a certificate from the Notaries Society or Law Society that authenticates the notary/lawyer, then sometimes also a certificate from the relevant consulate authenticating all the previous documents.

There are services that will handle the legalization and authentication process for you.  Because it can be a complicated process you may wish to consider paying the fees and saving yourself the time and brain cells trying to figure out what to do.  A quick Google search reveals a number of services set up to help people with obtaining the equivalent of a certificate of apostille.  These businesses include:

Ottawa based Enterprise Legal which describes the process in greater detail along with the fees they charge for various services.

Document Services (Toronto) which has a convenient list of apostille countries along with information about the steps, costs and processing times.

Red Seal Notaries (with walk-in locations in Toronto, Mississauga, North York, Ottawa…and Vancouver!).  The Red Seal Website also has a list of Canadian locations for many embassies and consulates.

Another option, for those seeking a certificate of apostille for use in the State of Nevada (at least with respect to claiming a refund on taxes levied on casino winnings), is to use a local notary to handle the issue.  We thank a caller who persevered and emailed to tell us that this seemed to be the easiest approach under the circumstances – since she confirmed receipt of her tax refund, it appears to have worked.

One of the top 10 questions we get at LawOne is “How much will it cost me to hire a lawyer to do X, Y or Z?”  Sadly, there is no single magical price list for legal services. This is not necessarily a bad thing – it just means you need to take the extra step to clarify how and what you will be charged for the legal services you are requesting.  Each lawyer makes their own decisions about what they will charge for their services and whether they will offer flat fee or alternative billing models or charge an hourly rate.  Some lawyers do offer a free consultation (usually for a set period of time) but many will not do this over the phone.  Some lawyers also offer contingency fee billing arrangements which are common in personal injury cases.  In a contingency fee case  a lawyer waits to collect legal fees until the case has been resolved and the fee is a percentage of the settlement amount.

Many people are intimidated to ask about legal fees.  Don’t be.  Lawyers are service providers and they know that clients need this information to make decisions.  Lawyers will do their best to provide you with an accurate estimate of what it will cost to hire them.  However, you need to be aware that until a lawyer has had a chance to talk to you and review the facts and evidence related to your situation it will be difficult for him or her to tell you what it’s likely to cost you to resolve the matter.  Often lawyers will give you a range or they may ask for a retainer to assess the case and take some preliminary steps.  The amount of the retainer requested can range from $500 to $5000 or more depending on the complexity of the issue and what is at stake.

A retainer is a specified amount of money that you pay to a lawyer that is placed in the lawyer’s trust account and which the lawyer may then draw on as work is completed.  You will know when this occurs because before a lawyer may withdraw trust funds to pay their accounts they must provide a client with an invoice that itemizes the work done and the fees charged.  They must also provide you with an opportunity to “question the bill”.  Also, if your lawyer is able to complete the work for an amount of money less than the retainer the remainder is returned to you.

The bottom line is that it is best to be straightforward about legal fees.  If you are concerned or need confirmation on a charge or whether there is going to be departure from the original estimate…ask about it.  Your lawyer should not be offended or upset – they know you do not have unlimited resources and need certainty.  You can also take steps like asking your lawyer to contact you when you have used up a certain amount of your retainer, request that you be billed monthly or that you be advised if it becomes apparent that developments in your case are going to affect the original estimate for legal fees.