Difference between revisions of "Civil Claims and Family Violence"

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==Starting a civil claim==
==Starting a civil claim==
A tort claim must be made by the person who has suffered the family violence. In family law proceedings, tort claims are usually included with the ''other'' relief asked for in the [[Form F3 Notice of Family Claim]] or [[Form F5 Counterclaim]]. Although a tort claim can be made on its own, without claims for things like divorce, parenting arrangements, and so forth, if you want to make a claim in tort as well as other family law claims, it is very important to include all your claims in one proceeding because otherwise you might not be permitted to bring the tort claim separately at a later date.
A tort claim must be made by the person who has suffered the family violence. In family law proceedings, tort claims are usually included with the ''other'' relief asked for in [[Form F3 Notice of Family Claim]] or [[Form F5 Counterclaim]]. Although a tort claim can be made on its own, without claims for things like divorce, parenting arrangements, and so forth, if you want to combine your tort claim with other family law claims, it is important to include all these claims in one proceeding. Failing to do this means you might not be allowed to bring the tort claim separately at a later date.


Tort claims can only be heard by the Supreme Court. The Provincial Court does not have the jurisdiction to deal with tort claims.
Tort claims can be brought together with family law claims in the Supreme Court. Because the procedures in Provincial Court are much different for torts claims versus family law claims, you cannot bring a tort claim to be heard alongside family law claim in the Provincial Court.


==The challenges of tort claims==
==The challenges of tort claims==

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