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Difference between revisions of "Family Violence Overview"
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|link = [http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence family violence issues] | |link = [http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence family violence issues] | ||
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This chapter covers the laws and legal tools used to address family violence. Because family violence is not only a ''family law'' topic, the chapter discusses overlapping areas of law, including: | |||
* the ''[[Family Violence and the Family Law Act|Family Law Act]]'' and its treatment of family violence, | |||
* [[Family Violence and Child Protection|child protection]] issues, | |||
* family violence in the [[Family Violence and the Criminal Code |context of Canada's ''Criminal Code'']], with information for victims of crime and those accused, and | |||
* [[Suing for Family Violence in a Family Law Claim|civil claims]] and the ''law of torts'' which are designed to make wrongdoers pay compensation for the losses they have suffered. | |||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | <span style="color:#D2691E">'''Important changes'''</span> <br /> | ||
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==Overview of the various laws around family violence== | ==Overview of the various laws around family violence== | ||
Family violence is addressed in a number of different ways. The provincial ''Family Law Act'' talks about family violence in the context of parenting after separation and personal protection orders. The provincial ''Child, Family and Community Service Act'' talks about family violence in the context of child protection. The federal ''Criminal Code'' talks about family violence in terms of behaviours that are criminal in nature and remedies, such as undertakings and peace bonds, that can be used to protect people from family violence. The civil law addresses the consequences of family violence in terms of damages that can be awarded to people who have suffered family violence. | |||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
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Note that the ''Family Law Act'' has taken proactive measures against family violence. It is now mandatory for family law professionals to assess the potential for family violence and react accordingly. The ''Family Law Act'' requires all family dispute resolution professionals (lawyers, family justice counselors, mediators, etc.) to watch for warning signs of family violence in relationships. Where warning signs are present, legal professionals try not only to determine ''safety risks'' but also the degree to which family violence might be impairing the abused party's ability to speak for themselves, advocate for their interests, and negotiate a fair agreement. | Note that the ''Family Law Act'' has taken proactive measures against family violence. It is now mandatory for family law professionals to assess the potential for family violence and react accordingly. The ''Family Law Act'' requires all family dispute resolution professionals (lawyers, family justice counselors, mediators, etc.) to watch for warning signs of family violence in relationships. Where warning signs are present, legal professionals try not only to determine ''safety risks'' but also the degree to which family violence might be impairing the abused party's ability to speak for themselves, advocate for their interests, and negotiate a fair agreement. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
The ''Family Law Act'' and, as a result of recent changes, the ''Divorce Act'' both require the court to consider the impact of coercive control and family violence when making decisions about children. | |||
===Child protection=== | ===Child protection=== | ||
Where children are at risk, the provincial government's ministry responsible for protecting children may become involved. The involvement of the Ministry of Children & Family Development and the authority of the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]]'' RSBC 1996, c 46, may influence your family law proceeding dramatically. This chapter takes a <span class="noglossary">brief</span> look at some child protection issues, what happens when a report is made, and when children may be placed in the care of the ministry. | Where children are at risk, the provincial government's ministry responsible for protecting children may become involved. The involvement of the Ministry of Children & Family Development and the authority of the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]]'' RSBC 1996, c 46, may influence your family law proceeding dramatically. This chapter takes a <span class="noglossary">brief</span> look at some child protection issues, what happens when a report is made, and when children may be placed in the care of the ministry. | ||
