This chapter covers talks about the laws and legal mechanisms for dealing with what is legally called family violence. Other terms, such as gender-based violence, domestic violence, and intimate partner violence, are more commonly used to address by anti-violence organizations and may overlap substantially with family violence.  Because ''family violence '' is not only a ''family law'' topic, the this chapter discusses overlapping covers other areas of the law, including:* the ''[[Family Violence and the Family Law Act|Family Law Act]]'', its definition of family violence, and mechanisms for keeping family members safe and able to work on resolving their family matters,* the ''[[Divorce Act]]'' and its treatment definition of family violence, and mechanisms for keeping spouses and children safe and able to work on resolving their family matters,* the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]]'' RSBC 1996, c 46, (''CFCSA'') and how family violence intersects with [[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 those who have experienced family violence and those accusedof crimes, and

Family violence includes physical and sexual forms of abuse, but under Under the ''[[Family Law Act]]'' it also , the term ''family violence'' includes physical, emotional, sexual, and financial abuse. This includes harmful behaviour such as threats, harassment, emotional abuse, and even acts that harm someone's financial autonomy. Women, gender diverse people, and children continue to be disproportionately impacted by family violence, in particular Indigenous women, women with disabilities, racialized women, and members of the 2SLGBTQIA+ community.

The fact that the legal system's concept of violence has expanded beyond brute physical assault reflects a more responsive attitude towards violence, reflecting the realities of how abuse among and violence impact family members impacts victims and families. The impacts are not always physical, including children. Fear , intimidation, and intimidation coercive control, can have as much or even a greater impact than physical violence on the safety of family members, and can have a significant impact the outcome of a family law dispute. In many cases more than one of these types of violence may be present, or different types of violence may be used at different times during the relationship. However, there is no hierarchy of violence, and the presence of even one type of violent behaviour will satisfy the definition of family violence and may need to be taken into account when resolving the legal issues.

The ''Family Law Act'' defines family violence , and provides mechanisms remedies for dealing with it, such as including ''family law protection orders'', requiring that courts consider family violence when assessing the ''best interests of the child'' factors to decide on parenting arrangements, and other remedies, such as conduct 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 accordinglytake this into account when formulating their legal strategy. The ''Family Law Act'' requires all family dispute resolution professionals (lawyers, family justice counselors, mediators, etc.) to watch screen for warning signs of family violence in relationshipswith their clients. Where warning signs are present, legal professionals try not only to must first determine if there are any ''safety risks'' but to family members. They must also assess the degree to which family violence perpetrated by a family member might be impairing the abused party's person experiencing family violence’s ability to speak for themselves, advocate for their interests, and negotiate a fair agreement; if necessary, the legal professional should modify their strategy and advice accordingly.

The ''Family Law Act'' and, as a result of recent changes, the ''Divorce Act'' both require the court to consider the impact of coercive control and controlling behaviour and family violence when making decisions about children. ===The ''Divorce Act''===The ''Divorce Act'' applies where the parties are legally married and are seeking a divorce. In 2021, the ''Divorce Act'' was updated to include new provisions on family violence. Many families may have legal issues that require them to look at the law in both the BC ''Family Law Act'' and the federal ''Divorce Act''.

Where children are at risk, the provincial government's ministry responsible for protecting children may become involved. The involvement of the Ministry of Children & Family Development ("MCFD") and the authority of the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]]'' RSBC 1996, c 46, may influence your family law proceeding dramatically. This chapter takes a <span class="noglossary">brief</span> look at some child protection issues, what happens when a report of a protection concern is made, and when children may be placed in the care of the ministryMCFD.

Where domestic a family member has committed family violence exists, both it is possible that they have also committed a criminal offence. Even where there is an existing family law and case, criminal offences are prosecuted separately from family law can be involvedcases in criminal court. This chapter provides an introduction to the ways that criminal law deals with can affect cases involving family violence.

If a family member has assaulted or threatened another, this can lead to charges being laid under the ''Criminal Code''. While charges are being prosecuted the accused person may be ordered by a judge to have no contact with the complainant (typically called ''no contact conditions''). Other possible orders include not being allowed to have weapons or not being allowed to go to the complainant’s home. If the person is convicted of the crime, they will also receive a sentence which could include further court orders or even time in jail. The ''Criminal Code'' also provides for ''peace bonds''. Peace bonds do not result in criminal convictions and punishments, which are mechanisms but they can be used to protect you from another order an accused personnot have to contact with the complainant. They are protection orders and Peace bonds can be obtained against abusers of all kinds, including an abuser someone you dated, as well as an abusive spouseeven if they do not meet the requirements for a protection order under the Family Law Act.

When individuals and corporations talk about suing each otherWhere a family member has committed family violence, they are talking about enforcing their rights may also have created a cause of action in ''civil law'' using the courts. A right to sue for something is called a ''cause of action''is the right to sue for something. Being wrongfully fired or hit by a car in a crosswalk can give you a cause of action. A dishonoured loan can create If you were assaulted by someone, including in a family relationship, you might pursue your ''cause of action. So too domestic '' in a lawsuit for assault, or indeed assaults on anyone, can give rise to a cause of actionbattery.

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 The law of torts can be sued for the damages they causedaddress physical assaults, but also covers a wide range of harmful actions including privacy violations and damage to property. If you were assaulted by someone outside The result of a family relationship, you might pursue your successful ''cause of actiontort claim'' in a lawsuit for assaultis typically financial compensation.

Where the abuser and victim are ex-partners, however, and This chapter takes a brief look at how tort claims related to family violence can be brought with or alongside a regular family law proceeding has already been started, it is more case. This chapter also reviews some of the common to see the cause of action become part of a ''[[Form F3 Notice of Family Claim|Notice of Family Claim]]'' challenges in BC Supreme Courttort cases.

{{REVIEWED | reviewer = [[JP BoydRISE Women's Legal Clinic]], March 6June 16, 20212023}}