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Difference between revisions of "Family Violence in the Family Law Act and the Divorce Act"
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Family Violence in the Family Law Act and the Divorce Act (view source)
Revision as of 18:53, 19 July 2019
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Protection orders are the primary way family violence is addressed under the ''Family Law Act''. Under section 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. | Protection orders are the primary way family violence is addressed under the ''Family Law Act''. Under section 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. | ||
The act has a number of | The act has a number of very important definitions that relate to protection orders. | ||
''At-risk family member'' is defined in section 182: | |||
<blockquote><tt>"at-risk family member" means a person whose safety and security is or is likely at risk from family violence carried out by a family member</tt></blockquote> | <blockquote><tt>"at-risk family member" means a person whose safety and security is or is likely at risk from family violence carried out by a family member</tt></blockquote> | ||
''Family member'' is defined in section 1: | |||
<blockquote><tt>"family member", with respect to a person, means</tt></blockquote> | <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>(a) the person's spouse or former spouse,</tt></blockquote></blockquote> | ||