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Difference between revisions of "Family Violence"
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==Introduction== | ==Introduction== | ||
In times gone by, domestic violence was often swept under the rug. Increasingly, our legal system not only seeks to address the harms that flow from such violence but also encourages legal professionals to be proactive in assessing the potential for it. | In times gone by, domestic violence was often swept under the rug. Increasingly, our legal system not only seeks to address the harms that flow from such violence but also encourages legal professionals to be proactive in assessing the potential for it. | ||
The Family Law Act requires all family dispute resolution professionals (which includes, family justice counselors, parenting coordinators, lawyers, mediators and arbitrators) to assess whether family violence may be present, and if it appears that family violence is present, to assess the extent to which the family violence may adversely affect ( | The Family Law Act requires all family dispute resolution professionals (which includes, family justice counselors, parenting coordinators, lawyers, mediators and arbitrators) to assess whether family violence may be present, and if it appears that family violence is present, to assess the extent to which the family violence may adversely affect (a) the safety of the party or a family member of that party, and (b) the ability of the party to negotiate a fair agreement. Family violence is defined to include: | ||
<blockquote><tt>"family violence" includes</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) sexual abuse of a family member,</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) sexual abuse of a family member,</tt></blockquote></blockquote> | ||