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Checking Up on the Abused

If you are not allowed to see a family member and think he or she is a victim of abuse, you should call the police. Under the Protection Against Family Violence Act, police can ask a judge for special permission (a warrant) permitting entry into a family member's home. Before granting the warrant, the judge will need to see a statement from you made under oath. The warrant allows you to go into a family member's home and make sure the family member is safe. If this person wants to leave or needs assistance, police can help.

A warrant permitting entry gives the officer the right to enter, search for and examine the person in question, and remove that person with that person's consent.

The warrant permitting entry may be granted where the judge is satisfied that there has been a refusal of access to a family member, and the family member may have been the subject of family violence, and will be found at the place to be searched. Therefore, the warrant is specific to a particular location.

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Updated: October 17, 2003
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