Difference between revisions of "Family Violence Overview"
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* The MyLawBC website has an [http://www.clicklaw.bc.ca/resource/4277 up-to-date tool] that answers question about abuse and family violence and can give you an action plan. | * The MyLawBC website has an [http://www.clicklaw.bc.ca/resource/4277 up-to-date tool] that answers question about abuse and family violence and can give you an action plan. | ||
== | ==Overview of the various laws around family violence== | ||
This chapter covers laws and legal mechanisms that are useful in addressing family violence. Because family violence is not just a family law topic, this chapter approaches family violence in the context of overlapping areas of law, including: | This chapter covers laws and legal mechanisms that are useful in addressing family violence. Because family violence is not just a family law topic, this chapter approaches family violence in the context of overlapping areas of law, including: | ||
* the ''[[Family Law Act]]'' and its treatment of family violence, | * the ''[[Family Law Act]]'' and its treatment of family violence, | ||
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* civil claims and the ''law of torts'' designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered. | * civil claims and the ''law of torts'' designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered. | ||
==The ''Family Law Act''== | ===The ''Family Law Act''=== | ||
Family violence includes physical and sexual forms of abuse, but under the ''[[Family Law Act]]'' it also includes harmful behaviour such as threats, harassment, emotional abuse and even acts that harm someone's financial autonomy. | Family violence includes physical and sexual forms of abuse, but under the ''[[Family Law Act]]'' it also includes harmful behaviour such as threats, harassment, emotional abuse and even acts that harm someone's financial autonomy. | ||
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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. | ||
==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 | 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. | ||
==Criminal law context== | ===Criminal law context=== | ||
Where domestic violence exists, both family law and criminal law can be involved. This chapter provides an introduction to the ways that criminal law deals with family violence. | Where domestic violence exists, both family law and criminal law can be involved. This chapter provides an introduction to the ways that criminal law deals with family violence. | ||
The ''Criminal Code'' provides for ''peace bonds'', which are mechanisms to protect you from another person. They are protection orders and can be obtained against abusers of all kinds, including an abuser you dated rather than an abusive spouse. | The ''Criminal Code'' provides for ''peace bonds'', which are mechanisms to protect you from another person. They are protection orders and can be obtained against abusers of all kinds, including an abuser you dated rather than an abusive spouse. | ||
==Civil law context== | ===Civil law context=== | ||
When individuals and corporations talk about suing each other, they are talking about enforcing their rights in ''civil law'' using the courts. A right to sue for something is called a ''cause of action''. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A dishonored loan can create a cause of action. So too domestic assault, or indeed assaults on anyone, can give rise to a cause of action. | When individuals and corporations talk about suing each other, they are talking about enforcing their rights in ''civil law'' using the courts. A right to sue for something is called a ''cause of action''. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A dishonored loan can create a cause of action. So too domestic assault, or indeed assaults on anyone, can give rise to a cause of action. | ||
Revision as of 19:07, 4 August 2017
If you are a victim of family violence
This chapter talks about the laws related to family violence. Immediate physical safety comes first, however.
- If you are in immediate danger, call 911.
- For crisis support, dial VictimLINK at 1-800-563-0808 for confidential and multilingual service.
- For more information visit the Clicklaw website (www.clicklaw.bc.ca) for a list of websites and other assistance under the heading "Your safety".
- The MyLawBC website has an up-to-date tool that answers question about abuse and family violence and can give you an action plan.
Overview of the various laws around family violence
This chapter covers laws and legal mechanisms that are useful in addressing family violence. Because family violence is not just a family law topic, this chapter approaches family violence in the context of overlapping areas of law, including:
- the Family Law Act and its treatment of family violence,
- Child protection issues,
- Canada's criminal justice system, with information for victims and those accused, and
- civil claims and the law of torts designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered.
The Family Law Act
Family violence includes physical and sexual forms of abuse, but under the Family Law Act it also includes harmful behaviour such as threats, harassment, emotional abuse and even acts that harm someone's financial autonomy.
The fact that the legal system's concept of violence has expanded beyond brute physical assault reflects a more responsive attitude towards the realities of how abuse among family members impacts victims and families. The impacts are not always physical. Fear and intimidation can have as much or even a greater impact than physical violence on the outcome of a family law dispute.
The Family Law Act defines family violence and provides mechanisms for dealing with it, such as family law protection orders.
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.
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 Child, Family and Community Service Act], RSBC 1996, c 46, may influence your family law proceeding dramatically. This chapter takes a brief 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.
Criminal law context
Where domestic violence exists, both family law and criminal law can be involved. This chapter provides an introduction to the ways that criminal law deals with family violence.
The Criminal Code provides for peace bonds, which are mechanisms to protect you from another person. They are protection orders and can be obtained against abusers of all kinds, including an abuser you dated rather than an abusive spouse.
Civil law context
When individuals and corporations talk about suing each other, they are talking about enforcing their rights in civil law using the courts. A right to sue for something is called a cause of action. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A dishonored loan can create a cause of action. So too domestic assault, or indeed assaults on anyone, can give rise to a cause of action.
Civil law is a broad area of law, and it includes the law of torts, better known as personal injury law. People who assault others can be sued for the damages they caused. If you were assaulted by someone outside of a family relationship, you might pursue your cause of action in a lawsuit for assault.
Where the abuser and victim are ex-partners, however, and a family law proceeding has already been started, it is more common to see the cause of action become part of a Notice of Family Claim.