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Difference between revisions of "Civil Claims and Family Violence"
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Civil Claims and Family Violence (view source)
Revision as of 23:35, 8 August 2017
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The terms ''civil claims'' and ''tort claims'' are used interchangeably here. While most family law claims (e.g. claims for divorce, spousal support, division of property, etc.) are ''family law issues'' that are governed by legislation like the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', the right to sue someone for inflicting violence is its own claim in law. Claims for ''assault and battery'' are ''civil claims''/''tort claims'', and exist outside of the ''[[Family Law Act]]''. | The terms ''civil claims'' and ''tort claims'' are used interchangeably here. While most family law claims (e.g. claims for divorce, spousal support, division of property, etc.) are ''family law issues'' that are governed by legislation like the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', the right to sue someone for inflicting violence is its own claim in law. Claims for ''assault and battery'' are ''civil claims''/''tort claims'', and exist outside of the ''[[Family Law Act]]''. | ||
Certainly, tort claims for abuse and violence can overlap with family law issues, but it helps to know that tort claims for abuse and violence arise independently from the ''[[Family Law Act'' | Certainly, tort claims for abuse and violence can overlap with family law issues, but it helps to know that tort claims for abuse and violence arise independently from the ''[[Family Law Act]]'' and its treatment of ''family violence''. The ''Family Law Act'' has its own definition of ''family violence'' (including non-physical forms), emphasizes its impact on decisions around the care of children, and provides specific mechanisms like protection orders that are discussed in the section of on [[Family Violence and the Family Law Act]] in this chapter. | ||
==Introduction to tort law claims== | ==Introduction to tort law claims== | ||
