What does the law say about financial abuse?
Jason may have committed a number of offences against his grandmother depending upon how he stole the money.
He could possibly be charged with theft, fraud, or both.
Theft is committed when a person knowingly takes or uses the property of another person without his or her consent, and intends to deprive that person of the property temporarily or permanently.
Fraud is committed when a person uses deceit, lying, or other fraudulent means to defraud the public or any individual of
property, money, or valuable security.
False Pretence or False Statement
A false pretence is where a person represents a fact to another person when he or she knows the fact is false and is making the representation with the intention of inducing the other person to act upon it. A person commits an offence when he or
she makes a false pretence and obtains anything for himself or herself, or another person. The offence is also committed where:
- a person obtains credit by a false pretence or fraud
- a person deliberately makes a false written statement that someone else will rely on to determine if he or she
can pay for items such as a loan, a grant or extension of credit, delivery of personal property, payment of money,
discount of an account receivable, making, accepting, discounting or endorsing a bill of exchange, cheque draft or promissory note
- a person actually obtains any of the items mentioned in the previous bullet and knows that a written false statement has been made
concerning his or her ability to pay for them
How can she use the law to make Jason stay away?
She can apply for court orders which tell Jason to stay away. If Jason doesn't stay away, he can be punished. Eileen needs to talk to a lawyer or someone who understands these orders to decide which order to apply for.
Eileen could use the orders that can be obtained using the Protection
Against Family Violence Act if she could show that actual physical violence
or property damage had been committed or threatened or that Jason had committed
an act or threatened to commit an act which made Eileen reasonably fear
that property damage or violence would occur. Financial abuse is not included
in the definition of family violence but confinement, stalking and sexual
abuse are.
On the other hand, Eileen can use the mechanism of a restraining order or a peace bond:
- restraining order through the civil courts
A restraining order is an order made by a court that would order Jason to stay away from Eileen. It prohibits Jason from hurting or threatening to hurt Eileen.
- peace bond through the criminal courts
A peace bond is an order from a criminal court. A court could grant a peace bond that requires Jason to have no contact with Eileen and to stay away from specific locations.
Eileen probably does not want to lay criminal charges against her grandson. She would prefer to work things out between the two of them. However, there may be times when this approach doesn't work and she may have to become involved in the criminal justice process.