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Family Violence in the Family Law Act and the Divorce Act

63 bytes added, 02:43, 27 November 2023
Family violence under the Family Law Act
==Family violence under the ''Family Law Act''==
 
The ''[[Family Law Act]]'' addresses family violence in the context of:
* protecting an at-risk family member from another family member, orand* parenting arrangements and deciding what is in the best interests of a child. Sections 182 to 191 of the ''Family Law Act'' deal with ''protection orders''. These are special orders that restrict a family member from communicating with or going near another family member. They can restrict the possession of weapons, or direct police officers to help in removing people or belongings from residences. If someone who is subject to a protection order breaks the terms of the order, they may be criminally charged for breaking a court order. Protection orders are sent to a special Protection Order Registry by court services and enforced under the ''Criminal Code'' in criminal court. Sections 222 to 228 of the act deal with ''conduct orders'', a category of orders used to manage behaviours that might frustrate the resolution of a family law dispute. Conduct orders can also restrain a family member from communicating with, following, or going near another family member, but are enforced in family court rather than criminal court.
Part 9 Sections 37 and 38 of the act talk about children's parenting arrangements and how family violence ''Actmust'' (sections 182-191) deals with protection orders. These are special orders that restrict a family member from communicating with or going near another family member. They can restrict possession of weapons, or direct police officers to assist be considered by parents and judges when what is in removing people or belongings from residences. If the terms best interests of a protection child and when making orders are broken the person may be criminally charged for breaking a court order. Protection orders are sent to a Protection Order Registry by Court Services and enforced under the ''Criminal Codeagreements about parental responsibilities, parenting time and contact.''
Part 10, Division 5 of the ''Act'' deals with conduct orders, which are a category of orders used to manage behaviours which might frustrate resolution of family matters. Conduct orders can also restrain a family member from communicating with, following, or going near another family member, but are enforced in family court.==="Family members"===
Part 4, Division 1 of the Protection orders are available when a ''Actfamily member'' deals with care is at risk, or is likely at risk, of and time with childrenfamily violence. Sections 37 and 38 outline Section 1 of the ways that family violence ''mustact'' be considered by courts whensays who qualifies as a "family member":* assessing the ''best interests of a child''* making an agreement or order about care of and time with children
===Am I a family member?===
In order to apply for certain categories of orders under the ''Family Law Act'', you must be defined as one. Section 1 of the ''Act'' says:
<blockquote><tt>"family member", with respect to a person, means</tt></blockquote>
<blockquote><blockquote><tt>(a) the person's spouse or former spouse,</tt></blockquote></blockquote>
<blockquote><blockquote><tt>and includes a child who is living with, or whose parent or guardian is, a person referred to in any of paragraphs (a) to (e)</tt></blockquote></blockquote>
If you read This definition includes spouses, parents, children and other people in the definition of "family member ." However, if you read the definition carefully, you will notice that people who are  * dating or who are ,* in an another kind intimate partner relationship but are not aren't living together, or and* roommates who are living together but are and not in an intimate partner relationship, are not defined as family members  aren't included in the ''Act''definition. As a result, they people in these relationships cannot apply for protection orders under Part 9 or conduct orders under Part 10, Division 5, of the ''Family Law Act''. Persons People in these categories relationships should review read the ''Criminal Code'' sections section of this chapter for the options that may be available to them. ==="Family violence"===
===Definition of family violence===The ''[[Family Law Act]]'' defines family violence broadly and, in addition to physical and sexual abuse, includes as including a variety of non-physical other forms of abuse such as psychological abuse, harassment, coercion, threats and restricting a family member’s financial independence and autonomy where these actions instill fear and/or cause harm to the family member experiencing violence. The definition extends to situations where children may be harmed through exposure to family violence. The definition also extends , and to situations where the person harmed or threatened someone threatens to harm or harms petsor property. There is no requirement that the violent family member have an intention to follow through on threats in order for those threats to be considered family violence. There is also no requirement for the violent family member to specifically actually intend to cause harm for their actions to be considered family violence.
Section "Family violence" is defined in section 1 of the ''Act'' defines the termact:
<blockquote><tt>“family violence” includes, with or without an intent to harm a family member,</tt></blockquote>
<blockquote><blockquote><tt>(e) in the case of a child, direct or indirect exposure to family violence</tt></blockquote></blockquote>
It'''Important:''' If s important to know that a child is 's exposure to family violence, directly or indirectly exposed to family violence, this is itself considered family violence under the legal definition in section 1. ''Direct exposure '' would include situations where a child is the target of family violence and ; ''indirect exposure captures '' includes situations where the child is impacted by family violence, for example by witnessing it.
===Some examples of family violence===So far, the The courts have found that a wide range of actions to be ''can fit into the definition of family violence''. The following Here are just some a few examples of situations that have been found to qualify as "family violence":
* ''[https://canlii.ca/t/jpbbg Barendregt v Grebliunas]'', 2022 SCC 22: In this case the mother had suffered due to the father’s controlling nature and overbearing personality. The father continued his hostile behavior during the trial, adding a nude selfie of the mother in an affidavit purely to humiliate her. The Supreme Court of Canada agreed with the trial judge's findings and allowed the mother to relocate, emphasizing that domestic abuse and family violence impacts the children and it is appropriate to negatively judge the perpetrator's parenting ability based on their behaviour.