Difference between revisions of "Family Violence"

}}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 chapter provides an introduction to the differences between criminal law and tort law, the law about personal injuries. 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 <span class="noglossary">brief</span> look at some child protection issues.

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.  

''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 that 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 someone 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 is 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.

Essentially, the criminal trial was because of O.J.'s alleged crime of killing someone contrary to the criminal law (his alleged crime against the state) and the civil trial was because of his alleged tort offence against the family of the victim (his wrong against the family). The important point here is that the one thing O.J. was alleged to have done gave rise to both the criminal charges and the family's tort claim: two separate court proceedings, one in criminal court and one in civil court.  

After the police have conducted their investigation, the lead officer sends the lawyer for the government, ''crown counsel'', a document called a Report to Crown Counsel which, among other things, describes the witnesses' statements and the officer's recommendation as to whether charges ought to be laid or not. Crown counsel then decides whether there is enough evidence to lay charges. If the crown counsel reviewing the police file thinks there is there is enough evidence, the crown counsel will approve the charges and the matter will be set for a hearing before a judge.

A ''limitation period'' is a deadline by which a claim must be made and an action started. After the applicable limitation period has expired, you cannot make your claim.

In British Columbia, the limitation period for actions based on personal injury — which is what a tort claim based on family violence is — is two years. If your spouse assaulted you on 1 January 2010, you won't be able to <span class="noglossary">advance</span> your claim after 2 January 2012. There are, however, some exceptions to this rule.

{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}}