Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"

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Family violence is dealt with under the ''[[Family Law Act]]'' when there are questions about:

* parenting arrangements and what is in the best interests of a child.

Part 4, Division 1 of the ''Act'' deals with care of and time with children. Sections 37 and 38 say family violence as a very important factor when assessing the ''best interests of a child'' and making an agreement or order about care of and time with children.

The ''[[Family Law Act]]'' defines family violence in a broad and inclusive way to capture more than just forceful physical contact. Non-physical forms of abuse such as harassment, intimidation and even financial sabotage can qualify where these actions instill fear. No long-term intention to follow through with the act being threatened is required for it to be considered family violence.

<blockquote>More important, there is no evidence that the children have suffered any physical or emotional harm as a result of the claimant’s conduct. The provisions in the ''FLA'' relating to family violence are intended to address a serious social issue and to protect children and spouses from actual harm or danger. Their meaning and application should not be stretched to the point they become just another weapon in a largely financial war between the parties.  

The ''[[Family Law Act]]'' offers a number of different restraining orders that can be very helpful and can provide the same level of protection as the criminal recognizance does.

Protection orders are the primary way family violence is addressed under the ''Family Law Act''. Under s. 183(1), an ''at-risk family member'', someone on behalf of an at-risk family member, or the court itself can ask for a protection order, and the claim for a protection order needn't be made with any other claims under the act.  

Conduct orders can be enforced in a number of ways under s. 228, including by requiring a person to pay up to $5,000 as a fine or to a party, or by jailing the person for up to 30 days. Jail will only be ordered when nothing else will secure the person's compliance with the conduct order.

Other orders are available under the ''Family Law Act'' that could be used to address issues relating to family violence.