1,399
edits
Difference between revisions of "Family Violence Overview"
From Clicklaw Wikibooks
m
→Overview of the various laws around family violence
| Line 20: | Line 20: | ||
* [[Family Violence and Child Protection|child protection]] issues, | * [[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 | * 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'' which are designed to make wrongdoers pay compensation to plaintiffs for the losses they have suffered. | ||
===The ''Family Law Act''=== | ===The ''Family Law Act''=== | ||
Family violence includes physical and sexual forms of abuse, but under the ''[[Family Law Act]]'' it also includes harmful behaviour such as threats, harassment, emotional abuse and even acts that harm someone's financial autonomy. | Family violence includes physical and sexual forms of abuse, but under the ''[[Family Law Act]]'' it also includes harmful behaviour such as threats, harassment, emotional abuse, and even acts that harm someone's financial autonomy. | ||
The fact that the legal system's concept of violence has expanded beyond brute physical assault reflects a more responsive attitude towards the realities of how abuse among family members impacts victims and families. The impacts are not always physical. Fear and intimidation can have as much or even a greater impact than physical violence on the outcome of a family law dispute. | The fact that the legal system's concept of violence has expanded beyond brute physical assault reflects a more responsive attitude towards the realities of how abuse among family members impacts victims and families. The impacts are not always physical. Fear and intimidation can have as much or even a greater impact than physical violence on the outcome of a family law dispute. | ||
| Line 29: | Line 29: | ||
The ''Family Law Act'' defines family violence and provides mechanisms for dealing with it, such as ''family law protection orders''. | The ''Family Law Act'' defines family violence and provides mechanisms for dealing with it, such as ''family law protection orders''. | ||
Note that the ''Family Law Act'' has taken proactive measures against family violence. It is now mandatory for family law professionals to assess the potential for family violence and react accordingly. The ''Family Law Act'' requires all family dispute resolution professionals (lawyers, family justice counselors, mediators, etc.) to watch for warning signs of family violence in relationships. Where warning signs are present, legal professionals try not only to determine ''safety risks'' but also the degree to which family violence might be impairing the abused party's ability to speak for themselves, advocate for their interests and negotiate a fair agreement. | Note that the ''Family Law Act'' has taken proactive measures against family violence. It is now mandatory for family law professionals to assess the potential for family violence and react accordingly. The ''Family Law Act'' requires all family dispute resolution professionals (lawyers, family justice counselors, mediators, etc.) to watch for warning signs of family violence in relationships. Where warning signs are present, legal professionals try not only to determine ''safety risks'' but also the degree to which family violence might be impairing the abused party's ability to speak for themselves, advocate for their interests, and negotiate a fair agreement. | ||
===Child protection=== | ===Child protection=== | ||
