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Difference between revisions of "Family Violence"
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→The Family Law Act
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==The ''Family Law Act''== | ==The ''Family Law Act''== | ||
The provincial ''Family Law Act'' offers a number of different restraining orders that can be very helpful and can provide the same kind of protection as a criminal | The provincial ''Family Law Act'' offers a number of different restraining orders that can be very helpful and can provide the same kind of protection as a criminal recognizance does, discussed above. | ||
===Protection orders=== | ===Protection orders=== | ||
Protection orders are the primary way family violence is addressed under the ''Family Law Act''. Under s. 183(1), an ''at-risk family member'', someone on behalf of an at-risk family member or the court itself can ask for a protection order, and the claim for a protection order needn't be made with any other claims under the act. | Protection orders are the primary way family violence is addressed under the ''Family Law Act''. Under s. 183(1), an ''at-risk family member'', someone on behalf of an at-risk family member, or the court itself can ask for a protection order, and the claim for a protection order needn't be made with any other claims under the act. | ||
The act has a number of really important definitions that relate to protection orders. ''At-risk family member'' and ''family member'' are defined in ss. 182 and 1, respectively: | The act has a number of really important definitions that relate to protection orders. ''At-risk family member'' and ''family member'' are defined in ss. 182 and 1, respectively: | ||
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====Enforcing protection orders==== | ====Enforcing protection orders==== | ||
Protection orders can't be enforced under the ''Family Law Act'', only by s. 127 of the ''Criminal Code'' which makes it an offence to breach of a court order. However, s. 188(2) says this; | Protection orders can't be enforced under the ''Family Law Act'', only by s. 127 of the ''Criminal Code'', which makes it an offence to breach of a court order. However, s. 188(2) says this; | ||
<blockquote><tt>A police officer having reasonable and probable grounds to believe that a person has contravened a term of an order made under this Part may</tt></blockquote> | <blockquote><tt>A police officer having reasonable and probable grounds to believe that a person has contravened a term of an order made under this Part may</tt></blockquote> | ||
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*'''Exclusive occupancy:''' Under s. 90, the court may give one party exclusive occupancy of the family home and the property in the family home. This isn't a restraining order, in the sense that it prohibits the other party from entering the home, but only the person with exclusive occupancy is allowed to live there. | *'''Exclusive occupancy:''' Under s. 90, the court may give one party exclusive occupancy of the family home and the property in the family home. This isn't a restraining order, in the sense that it prohibits the other party from entering the home, but only the person with exclusive occupancy is allowed to live there. | ||
*'''Supervised parenting time and contact:''' Under ss. 45 and 59, a person's parenting time or contact can be subject to a requirement that it be supervised by a third party, like a relative or a professional supervisor. | *'''Supervised parenting time and contact:''' Under ss. 45 and 59, a person's parenting time or contact can be subject to a requirement that it be supervised by a third party, like a relative or a professional supervisor. | ||
*'''Conditions of parenting time and contact:''' Under s. 218, the court may impose terms and conditions on any order it makes. Where family violence is an issue, appropriate terms and conditions might restrict where the children are exchanged and how the parties interact when the children are exchanged, or might say that a party's parenting time or contact will not happen if the party is impaired by drugs or alcohol. | *'''Conditions of parenting time and contact:''' Under s. 218, the court may impose terms and conditions on any order it makes. Where family violence is an issue, appropriate terms and conditions might restrict where the children are exchanged, and how the parties interact when the children are exchanged, or they might say that a party's parenting time or contact will not happen if the party is impaired by drugs or alcohol. | ||
==Child protection issues== | ==Child protection issues== | ||