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

admin@lukesplace.ca

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

admin@lukesplace.ca

Questions?