Open main menu

Clicklaw Wikibooks β

Changes

Civil Claims and Family Violence

2 bytes removed, 19:55, 27 November 2023
Civil claims for family violence
Family law is a kind of ''civil law''. "Civil law" refers to every kind of law other than criminal law. Other branches of the civil law include the law about contracts, the law about property, and the law about something called ''torts''. Tort law is the law that applies when someone does something, or doesn't do something, that causes harm to someone else. Tort law includes claims about a wide range of misbehaviour, such as negligence, defamation and invasion of privacy. Tort law also includes claims about things that are more directly relating to family violence, such as assault, battery, and infliction of emotional harm. Claims like these aren't covered by the ''Divorce Act'' or the ''Family Law Act''.
Tort claims for family violence can overlap with family law issues. They can be the subject of a lawsuit on their own, or they can be combined with a lawsuit brought under the ''Divorce Act'' or the ''Family Law Act''. While the ''Divorce Act'' or the ''Family Law Act'' do talk about family violence, in the context of children's parenting arrangements, protection orders and conduct orders, neither act provides financial compensation for the effects family violence. That is what tort claims aim to doare for.
==Introduction to ''tort law'' claims==