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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] | ||
}} | }} | ||
==If you are in danger== | ==If you are in danger== | ||
If your physical safety is in immediate danger, start here first: | If your physical safety is in immediate danger, start here first: | ||
* '''If you are in immediate danger, call 911.''' | * '''If you are in immediate danger, call 911.''' | ||
* '''For crisis support, dial [http://www.clicklaw.bc.ca/helpmap/service/1055 VictimLINK] at 1-800-563-0808''' for confidential and multilingual service. | * '''For crisis support, dial [http://www.clicklaw.bc.ca/helpmap/service/1055 VictimLINK] at 1-800-563-0808''' for confidential and multilingual service. | ||
* For more information, visit the [https://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw website] (www.clicklaw.bc.ca) for a list of websites and other assistance under the heading "Your safety." | |||
For more information, visit the [https://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw website] (www.clicklaw.bc.ca) for a list of websites and other assistance under the heading "Your safety." | * MyLawBC's abuse and family violence website is a [http://www.clicklaw.bc.ca/resource/4277 guided online tool] that asks you specific questions about your situation and gives you an action plan. | ||
The rest of this chapter talks about the various laws related to family violence. Reading it will take some time and focus. | The rest of this chapter talks about the various laws related to family violence. Reading it will take some time and focus. | ||
==Overview of the various laws around family violence== | ==Overview of the various laws around family violence== | ||
This chapter covers laws and legal mechanisms 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 to plaintiffs for the losses they have suffered. | |||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
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The ''Family Law Act'' defines family violence and provides mechanisms for dealing with it, such as ''family law protection orders''. | 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. | 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 /> | <span style="color:#D2691E">'''Important changes'''</span> <br /> | ||
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===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. | ||
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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. | 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 ''[[Form F3 Notice of Family Claim|Notice of Family Claim]]''. | 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 ''[[Form F3 Notice of Family Claim|Notice of Family Claim]]'' in BC Supreme Court. | ||
==Resources and links== | ==Resources and links== | ||
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===Resources=== | ===Resources=== | ||
* E-book by Dr. Linda C. Neilson, ''[http://commentary.canlii.org/w/canlii/2017CanLIIDocs2 Responding to Domestic Violence in Family Law, Civil Protection & Child Protection Cases]'' (CanLII February 2017) | * E-book by Dr. Linda C. Neilson, ''[http://commentary.canlii.org/w/canlii/2017CanLIIDocs2 Responding to Domestic Violence in Family Law, Civil Protection & Child Protection Cases]'' (CanLII February 2017, updated March 2020) | ||
* [https://www.clicklaw.bc.ca/resource/4277 MyLawBC Abuse & family violence pathway] | |||
* VictimLINK crisis support line: 1-800-563-0808 | |||
* Battered Women's Support Service crisis support line: 1-855-687-1868 | |||
===Links=== | ===Links=== | ||
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*[https://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw resources on abuse and family violence] | *[https://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw resources on abuse and family violence] | ||
*[https://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources on child protection] | *[https://www.clicklaw.bc.ca/global/search?k=child%20protection Clicklaw resources on child protection] | ||
*[https:// | *[https://legalaid.bc.ca/publications/subject/4 Legal Aid BC's publications on abuse and family violence] | ||
*[https://clicklaw.bc.ca/resource/4642 Legal | *[https://clicklaw.bc.ca/resource/4642 Legal Aid BC's Family Law website's information page "Child protection"] | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[JP Boyd]], March 6, 2021}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||