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Difference between revisions of "Behaviour, Boundaries and Privacy after Separation"
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Behaviour, Boundaries and Privacy after Separation (view source)
Revision as of 21:07, 25 March 2020
, 21:07, 25 March 2020→The consequences of bad behaviour
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===Misuse of court process=== | ===Misuse of court process=== | ||
Under section 221(1) of the ''Family Law Act'', the court may make an order stopping someone from making further applications or continuing a court proceeding without first getting permission from a judge if that person | Under section 221(1) of the ''Family Law Act'', the court may make an order stopping someone from making further applications or continuing a court proceeding without first getting permission from a judge if that person: | ||
<blockquote><blockquote><tt>(a) has made an application that is trivial,</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) has made an application that is trivial,</tt></blockquote></blockquote> | ||
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#restrictring communication between the people involved in a court proceeding; and, | #restrictring communication between the people involved in a court proceeding; and, | ||
#requring someone to pay ''security'' into court, a cash deposit made to guarantee the person's good behaviour. | #requring someone to pay ''security'' into court, a cash deposit made to guarantee the person's good behaviour. | ||
===Damages=== | ===Damages=== | ||
Claims in ''tort'' can be made in a court proceeding dealing with family law issues or in a separate proceeding. A "tort" is a kind of claim made when the actions or omissions of one person cause harm to another person. A lot of criminal offences are also torts, like assault and battery. If the tort is proven, the person who was sued may have to pay ''damages'' to the person who started the court proceedings. "Damages" are cash awards intended to compensate for pain and suffering, lost wages, medical expenses, and so on. ''Punitive damages'' or ''aggravated damages'' are case awards that have the extra purpose of punishing a party for their behaviour. | |||
The sort of torts someone could sue for in the context of the breakdown of a relationship include: | |||
#assault, battery, and sexual assault; | |||
# | |||
==Resources and links== | ==Resources and links== | ||