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Difference between revisions of "Family Violence"
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* In ''[http://canlii.ca/t/g1rsc E. (J.R.) v. 07----8 B.C. Ltd.]'', 2013 BCSC 2038 the Court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse. | * In ''[http://canlii.ca/t/g1rsc E. (J.R.) v. 07----8 B.C. Ltd.]'', 2013 BCSC 2038 the Court held that taking an insistent and even inflexible position in post-separation negotiations did not in that case equate to emotional or psychological abuse. | ||
Some relationships are scarred by violence and abuse, sometimes toward a spouse and sometimes toward a child. Where domestic violence exists, both family law and criminal law can be involved. It may also mean that a ''[[Form F3 Notice of Family Claim|Notice of Family Claim]]'' could include a claim for payment of damages resulting from the violence. | |||
Some relationships are scarred by violence and abuse, sometimes toward a spouse and sometimes toward a child. | |||
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. | 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. | ||
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#a civil court proceeding, for a breach of the civil duty not to harm someone else, which may give you a cause of action in tort and allow you to sue the person who hit you for damages. | #a civil court proceeding, for a breach of the civil duty not to harm someone else, which may give you a cause of action in tort and allow you to sue the person who hit you for damages. | ||
Possible punishments for someone found criminally guilty include: | |||
* fines, | |||
* a jail sentence, | |||
* both a fine and a jail sentence, or | |||
* imposed terms or conditions, like a restraining order or a peace bond. | |||
In contrast, the goal of civil law is compensation for the victim more so than punishment of the offender. Compensation is for the harm they suffered. Normally, this takes the form of ''damages'', a financial award intended to compensate for things like pain and suffering, lost wages, rehabilitation and medical expenses, and so forth. Damages are an attempt to provide monetary compensation for the harm suffered as a result of the wrongful act. | |||
==The ''Criminal Code''== | ==The ''Criminal Code''== | ||