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Difference between revisions of "Family Violence"
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{{OKSUBSTANTIVE}} | {{OKSUBSTANTIVE}} | ||
Some relationships are scarred by violence and abuse, sometimes toward a spouse and sometimes toward a child. This may mean that both family law and criminal law are involved when a relationship ends | Some relationships are scarred by violence and abuse, sometimes toward a spouse and sometimes toward a child. This may mean that both family law and criminal law are involved when a relationship ends. It may also mean that a family law court proceeding will include a claim for damages as a result of the violence. | ||
This | This section provides an introduction to the differences between criminal law and tort law (the law that covers a claim for damages). It reviews the ways that criminal law, tort law, and the ''[[Family Law Act]]'' can address issues of family violence, including through peace bonds and protection orders. It also takes a brief look at some child protection issues. | ||
==Introduction== | ==Introduction== | ||
Two of the most important branches of the law are ''civil law'' and ''criminal law''; there are plenty of others, like constitutional law and administrative law, but these are two of the big ones | Two of the most important branches of the law are ''civil law'' and ''criminal law''; there are plenty of others, like constitutional law and administrative law, but these are two of the big ones. | ||
Criminal law deals with a person's offences against the rules of the state. Tort law, on the other hand, deals with a person's offences against other people, such as personal injuries, motor vehicle accidents, negligence, assault and battery, trespass and so forth. The legal definition of a tort is "a breach of a duty owed by someone to some one else which gives rise to a cause of action", like a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole in your lawn that someone might fall into. Generally speaking, these sort of civil offences aren't set out in laws the way that the rules against robbery or rape are set out in ''Criminal Code'', they're creatures of the common law, the law that the courts have created. | ''Tort law'' is a branch of civil law, as is family law. Other branches of civil law include contract law, property law and the law on negligence. | ||
Criminal law mostly deals with regulatory legislation, laws created by the government which list the things we're not supposed to do and the range of potential penalties for doing those things. Legislation that falls under this heading includes the ''[http://canlii.ca/t/7vf2 Criminal Code]'', the ''[http://canlii.ca/t/7vtc Controlled Drugs and Substances Act]'' and the ''[http://canlii.ca/t/7vx2 Youth Criminal Justice Act]''. | |||
Criminal law deals with a person's offences against the rules of the state. | |||
Tort law, on the other hand, deals with a person's offences against other people, such as personal injuries, motor vehicle accidents, negligence, assault and battery, trespass and so forth. The legal definition of a tort is "a breach of a duty owed by someone to some one else which gives rise to a cause of action", like a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole in your lawn that someone might fall into. Generally speaking, these sort of civil offences aren't set out in laws the way that the rules against robbery or rape are set out in ''Criminal Code'', they're creatures of the common law, the law that the courts have created. | |||
That explanation of the difference between tort law and criminal law was a bit technical. Another way of looking at it through the example of O.J. Simpson. If you recall, O.J. was tried twice for the same basic issue. First, he was criminally tried for an alleged murder. Second, the family of the victim sued him in civil court for the alleged wrongful death of the victim or something to that effect. | That explanation of the difference between tort law and criminal law was a bit technical. Another way of looking at it through the example of O.J. Simpson. If you recall, O.J. was tried twice for the same basic issue. First, he was criminally tried for an alleged murder. Second, the family of the victim sued him in civil court for the alleged wrongful death of the victim or something to that effect. | ||