Family Violence - Revision history

Nate Russell: Redirect to newer page on FV

2024-06-26T17:46:02Z

Redirect to newer page on FV

Nate Russell: /* Information for abused persons */

2019-06-21T20:28:36Z

Information for abused persons

← Older revision		Revision as of 20:28, 21 June 2019
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	===Information for abused persons===		===Information for abused persons===

	If you have suffered family violence, call the police; nothing will happen until you do. If there is evidence of abuse, the police can arrest your partner and may take ~~him or her~~ into <span class="noglossary">custody</span>. To find out more about what the police can do, you may wish to read [http://clicklaw.bc.ca/resource/2412 Getting Help from the Police or RCMP] and		If you have suffered family violence, call the police; nothing will happen until you do. If there is evidence of abuse, the police can arrest your partner and may take them into <span class="noglossary">custody</span>. To find out more about what the police can do, you may wish to read [http://clicklaw.bc.ca/resource/2412 Getting Help from the Police or RCMP] and
	[http://clicklaw.bc.ca/resource/2237 Surviving Relationship Violence and Abuse]. If your partner is taken into <span class="noglossary">custody</span>, ~~he or she~~ will stay there until a judge is able to speak to ~~him or her~~. Most of the time, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearing, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in a document called a ''Recognizance'' or an ''Undertaking''.		[http://clicklaw.bc.ca/resource/2237 Surviving Relationship Violence and Abuse]. If your partner is taken into <span class="noglossary">custody</span>, they will stay there until a judge is able to speak to them. Most of the time, your partner will be released from <span class="noglossary">custody</span> until the trial date following the <span class="noglossary">brief</span> hearing, and the <span class="noglossary">release</span> will be on specific terms and conditions set out in a document called a ''Recognizance'' or an ''Undertaking''.

	It's important that you call the police right away, or at least fairly soon after the violence. The police will sometimes refuse to take <span class="noglossary">action</span> against your partner on the ground that the complaint was made out of malice or a desire for revenge because of the breakdown of the relationship.		It's important that you call the police right away, or at least fairly soon after the violence. The police will sometimes refuse to take <span class="noglossary">action</span> against your partner on the ground that the complaint was made out of malice or a desire for revenge because of the breakdown of the relationship.
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	====Breaching the recognizance====		====Breaching the recognizance====

	If your partner doesn't follow the terms of ~~his or her~~ recognizance or undertaking, call the police. They won't be aware that there's a further problem unless you let them know.		If your partner doesn't follow the terms of their recognizance or undertaking, call the police. They won't be aware that there's a further problem unless you let them know.

	====Call VictimLink====		====Call VictimLink====
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	====Getting back together====		====Getting back together====

	You must speak to crown counsel if you want to get back together with your partner, or if you want to <span class="noglossary">contact</span> ~~him or her~~, or stop the criminal process. You cannot change the terms of your partner's recognizance or drop the charges yourself. Only crown counsel can do that. If you <span class="noglossary">contact</span> your partner, you could be making matters worse since you'll be inviting ~~him or her~~ to break the terms of the recognizance, which might result in further criminal charges against ~~your spouse~~.		You must speak to crown counsel if you want to get back together with your partner, or if you want to <span class="noglossary">contact</span> them, or stop the criminal process. You cannot change the terms of your partner's recognizance or drop the charges yourself. Only crown counsel can do that. If you <span class="noglossary">contact</span> your partner, you could be making matters worse since you'll be inviting them to break the terms of the recognizance, which might result in further criminal charges against them.

	===Information for accused persons===		===Information for accused persons===

Nate Russell at 22:14, 20 July 2018

2018-07-20T22:14:41Z

← Older revision		Revision as of 22:14, 20 July 2018
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	{{Clicklawbadge		{{Clicklawbadge
	\|resourcetype = critical resources and <br/> common questions on		\|resourcetype = critical resources and <br/> common questions on
	\|link = [~~http~~://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence family violence issues]		\|link = [https://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence family violence issues]
	}}		}}

Nate Russell: /* Awards */

2017-08-03T22:24:51Z

Awards

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	* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590 a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.		* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590 a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.

	These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim -- seek legal advice from a lawyer with experience in this area.		These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim – seek legal advice from a lawyer with experience in this area.

	==The ''Family Law Act''==		==The ''Family Law Act''==

Nate Russell at 19:33, 3 August 2017

2017-08-03T19:33:34Z

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	The amount of the damages that a court may award for tort claims based on family violence always depends on the circumstances. It is important to get legal advice to decide whether or not making such a claim is economically worthwhile in your particular circumstances. The range of outcomes is very wide and many factors go into a judge’s assessment of the appropriate award but here are some awards that the courts have made for assault and battery in a family context:		The amount of the damages that a court may award for tort claims based on family violence always depends on the circumstances. It is important to get legal advice to decide whether or not making such a claim is economically worthwhile in your particular circumstances. The range of outcomes is very wide and many factors go into a judge’s assessment of the appropriate award but here are some awards that the courts have made for assault and battery in a family context:

	* A.M. v. S.O. (2014) physical assault – open-handed blow to side of head; $20,000 for general damages.		* In ''[http://canlii.ca/t/g2h5c A.M. v. S.O.], 2014 BCSC 4 physical assault in the form of an open-handed blow to side of head resulted in $20,000 for general damages.
	* ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424; serious shoulder fracture, concussion, lacerations and scarring ~~resulting~~ from repeated strikes with a shovel handle; $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages and $25,000 for lost earning capacity;		* In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424 the serious shoulder fracture, concussion, lacerations and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages and $25,000 for lost earning capacity;
	* ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626; verbal abuse during relationship, pre-meditated break-in and aggressive assault post-separation~~; no~~ permanent disability but post-traumatic stress disorder; $15,000 for general and aggravated damages.		* In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626 verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages.
	* ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296~~; one~~ instance of “horrific” sexual assault including striking, kicking and biting; $35,000 for general damages.		* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296 a single instance of “horrific” sexual assault including striking, kicking and biting. $35,000 was awarded for general damages.
	* ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, ~~Trial~~ judge awarded $2,500 for assault ~~causing broken bone in~~ hand.		* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.
	* ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC)~~: Assault~~ causing permanent disability, $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care and $5,000 in punitive damages.		* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC) assault causing permanent disability resulted in $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care and $5,000 in punitive damages.
	* ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.); multiple instances of sexual, physical verbal and emotional abuse ~~resulting in~~ post-traumatic stress disorder; $65,000 for general damages, $25,000 for aggravated damages;		* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.) multiple instances of sexual, physical verbal and emotional abuse that caused post-traumatic stress disorder was awarded $65,000 for general damages and $25,000 for aggravated damages.
	* [http://canlii.ca/t/fps0x ''Shaw v. Brunelle'',] 2012 ONSC 590~~; Serious~~ fracture ~~to wrist~~ resulting from physical ejection from the home; $65,000 for general and aggravated damages, $25,000 for lost earning capacity and an unspecified amount for cost of future care.		* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590 a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.

	These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim -- seek legal advice from a lawyer with experience in this area.		These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim -- seek legal advice from a lawyer with experience in this area.

Desy Wahyuni: /* Links */

2017-07-25T22:45:55Z

Links

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	*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[http://www.lss.bc.ca/publications/subject.php?sub=4 Legal Services Society publications on abuse and family violence]		*[http://www.lss.bc.ca/publications/subject.php?sub=4 Legal Services Society publications on abuse and family violence]
	*[http://www.familylaw.lss.bc.ca/legal_issues/~~childProtection~~.php Family Law in British Columbia website information on child protection/removal]		*[http://www.familylaw.lss.bc.ca/legal_issues/childProtectionBasics.php Family Law in British Columbia website information on child protection/removal]

Desy Wahyuni: /* Links */

2017-07-25T22:44:40Z

Links

← Older revision		Revision as of 22:44, 25 July 2017
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	*[http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw resources for abuse and family violence]:		*[http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw resources for abuse and family violence]:
	*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]		*[http://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources for child protection]
	*[http://www.~~clicklaw~~.bc.ca/~~global~~/~~search~~?k=~~child%20protection~~ Legal Services Society publications on abuse and family violence]		*[http://www.lss.bc.ca/publications/subject.php?sub=4 Legal Services Society publications on abuse and family violence]
	*[http://www.familylaw.lss.bc.ca/legal_issues/childProtection.php Family Law in British Columbia website information on child protection/removal]		*[http://www.familylaw.lss.bc.ca/legal_issues/childProtection.php Family Law in British Columbia website information on child protection/removal]

Desy Wahyuni: /* Legislation */

2017-07-25T22:41:40Z

Legislation

← Older revision		Revision as of 22:41, 25 July 2017
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	* ''[http://canlii.ca/t/7vtc Controlled Drugs and Substances Act]''		* ''[http://canlii.ca/t/7vtc Controlled Drugs and Substances Act]''
	* ''[http://canlii.ca/t/7vx2 Youth Criminal Justice Act]''		* ''[http://canlii.ca/t/7vx2 Youth Criminal Justice Act]''
	* ''[http://canlii.ca/t/~~845q~~ Limitation Act]''		* ''[http://canlii.ca/t/8qx3 Limitation Act]''

	===Links===		===Links===

Desy Wahyuni: /* Limitation periods */

2017-07-25T22:41:07Z

Limitation periods

← Older revision		Revision as of 22:41, 25 July 2017
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	A ''limitation period'' is a deadline by which a claim must be made and an action started. After the applicable limitation period has expired, you cannot make your claim. In assaults not involving family violence the limitation period is generally two years after the incident.		A ''limitation period'' is a deadline by which a claim must be made and an action started. After the applicable limitation period has expired, you cannot make your claim. In assaults not involving family violence the limitation period is generally two years after the incident.

	Under (s. 3 (1)) of the provincial ''[http://canlii.ca/t/~~521sn~~ Limitation Act]'' there is no limitation period to claims based on sexual misconduct.		Under (s. 3 (1)) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'' there is no limitation period to claims based on sexual misconduct.

	Similarly, there is no limitation period on claims relating to non-sexual assault if the claimant was a minor or living in a personal or dependency relationship (s. 3 (i) (k)). It is unlikely that there is any limitation period that applies to violence between spouses or parents and children.		Similarly, there is no limitation period on claims relating to non-sexual assault if the claimant was a minor or living in a personal or dependency relationship (s. 3 (i) (k)). It is unlikely that there is any limitation period that applies to violence between spouses or parents and children.

Nate Russell: /* Introduction */

2017-07-21T01:16:40Z

Introduction

← Older revision		Revision as of 01:16, 21 July 2017
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	* the ability of the party to negotiate a fair agreement.		* the ability of the party to negotiate a fair agreement.

	Family violence includes physical abuse, but also non-physical forms of abuse. ~~It is defined to include~~:		Family violence includes physical abuse, but also non-physical forms of abuse. Section 1 of the ''[[Family Law Act]]'' defines the term:

	<blockquote><tt>"family violence" includes</tt></blockquote>		<blockquote><tt>"family violence" includes</tt></blockquote>