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Difference between revisions of "Family Violence Overview"
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* For more information visit the [http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw website] (www.clicklaw.bc.ca) for a list of websites and other assistance under the heading "Your safety". | * For more information visit the [http://www.clicklaw.bc.ca/global/search?f=Abuse+%26+family+violence Clicklaw website] (www.clicklaw.bc.ca) for a list of websites and other assistance under the heading "Your safety". | ||
* MyLawBC's abuse and family violence website is a [http://www.clicklaw.bc.ca/resource/4277 guided online tool] that asks you specific questions about your situation and gives you an action plan. | * MyLawBC's abuse and family violence website is a [http://www.clicklaw.bc.ca/resource/4277 guided online tool] that asks you specific questions about your situation and gives you an action plan. | ||
The rest of this chapter talks about the various laws related to family violence | The rest of this chapter talks about the various laws related to family violence. Reading it will take some time and focus. | ||
==Overview of the various laws around family violence== | ==Overview of the various laws around family violence== | ||
This chapter covers laws and legal mechanisms used to address family violence. Because family violence is not only a ''family law'' topic, the chapter discusses overlapping areas of law, including: | This chapter covers laws and legal mechanisms used to address family violence. Because family violence is not only a ''family law'' topic, the chapter discusses overlapping areas of law, including: | ||
* the ''[[Family Violence and the Family Law Act|Family Law Act]]'' and its treatment of family violence, | * the ''[[Family Violence and the Family Law Act|Family Law Act]]'' and its treatment of family violence, | ||
* [[Family Violence and Child Protection| | * [[Family Violence and Child Protection|child protection]] issues, | ||
* | * family violence in the [[Family Violence and the Criminal Code |context of Canada's ''Criminal Code'']], with information for victims of crime and those accused, and | ||
* [[Suing for Family Violence in a Family Law Claim|civil claims]] and the ''law of torts'' designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered. | * [[Suing for Family Violence in a Family Law Claim|civil claims]] and the ''law of torts'' designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered. | ||
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Where domestic violence exists, both family law and criminal law can be involved. This chapter provides an introduction to the ways that criminal law deals with family violence. | Where domestic violence exists, both family law and criminal law can be involved. This chapter provides an introduction to the ways that criminal law deals with family violence. | ||
The ''Criminal Code'' provides for ''peace bonds'', which are mechanisms to protect you from another person. They are protection orders and can be obtained against abusers of all kinds, including an abuser you dated | The ''Criminal Code'' provides for ''peace bonds'', which are mechanisms to protect you from another person. They are protection orders and can be obtained against abusers of all kinds, including an abuser you dated as well as an abusive spouse. | ||
===Civil law context=== | ===Civil law context=== | ||
When individuals and corporations talk about suing each other, they are talking about enforcing their rights in ''civil law'' using the courts. A right to sue for something is called a ''cause of action''. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A | When individuals and corporations talk about suing each other, they are talking about enforcing their rights in ''civil law'' using the courts. A right to sue for something is called a ''cause of action''. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A dishonoured loan can create a cause of action. So too domestic assault, or indeed assaults on anyone, can give rise to a cause of action. | ||
Civil law is a broad area of law, and it includes the ''law of torts'', better known as personal injury law. People who assault others can be sued for the damages they caused. If you were assaulted by someone outside of a family relationship, you might pursue your ''cause of action'' in a lawsuit for assault. | Civil law is a broad area of law, and it includes the ''law of torts'', better known as personal injury law. People who assault others can be sued for the damages they caused. If you were assaulted by someone outside of a family relationship, you might pursue your ''cause of action'' in a lawsuit for assault. | ||
