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Difference between revisions of "Family Violence"
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==Tort law== | ==Tort law== | ||
Unlike criminal matters where the crown handles everything, a claim in tort must be advanced and prosecuted 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 Notice of Family Claim or Counterclaim, although a tort claim can be made by itself, without other claims relating to things like divorce, parenting arrangements and so forth. Tort claims can only be heard by the Supreme Court; the Provincial Court does not have the jurisdiction to deal with tort claims. | Unlike criminal matters where the crown handles everything, a claim in tort must be advanced and prosecuted 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 Notice of Family Claim or Counterclaim, although a tort claim can be made by itself, without other claims relating to things like divorce, parenting arrangements, and so forth. Tort claims can only be heard by the Supreme Court; the Provincial Court does not have the jurisdiction to deal with tort claims. | ||
Also unlike criminal matters, the remedies that can be sought aren't ''protective'', in the sense of no-contact and no-go orders, or ''punitive'', in the sense of jail time, criminal records and fines. The remedy the person who has suffered the family violence seeks is primarily ''restorative'': he or she would be asking for an award of ''damages'' to make good the harm he or she suffered and its consequences. Damages are money payments and may be awarded for, among other things: | Also unlike criminal matters, the remedies that can be sought aren't ''protective'', in the sense of no-contact and no-go orders, or ''punitive'', in the sense of jail time, criminal records and fines. The remedy the person who has suffered the family violence seeks is primarily ''restorative'': he or she would be asking for an award of ''damages'' to make good the harm he or she suffered and its consequences. Damages are money payments and may be awarded for, among other things: | ||