Family Violence (3:VIII): Difference between revisions

{{REVIEWED LSLAP | date= July 12, 2023}}

Under the FLA, a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.  

Effective March 1, 2021, the amended Divorce Act will include provisions for identifying family violence and assessing its relevance to family disputes. The following provisions will come into force on that date.

Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended DA characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended DA for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated DA. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.

Under the amended Divorce Act, family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended DA). The factors provided are 16(4)(a-h) of the most recent Divorce Act. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended DA).