Family Violence includes any conduct, whether or not the conduct constitutes a criminal office, by a family member towards another family member, which is a significant issue in violence in family law.[1]
Family Violence includes an act that:
“is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person”[2]
Children can be considered victims of such conduct whether they are exposed to family violence directly or indirectly.[3]
As per the Divorce Act the following actions are considered domestic violence in family law:
“(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;
(b) sexual abuse;
(c) threats to kill or cause bodily harm to any person;
(d) harassment, including stalking;
(e) the failure to provide the necessaries of life;
(f) psychological abuse;
(g) financial abuse;
(h) threats to kill or harm an animal or damage property; and
(i) the killing or harming of an animal or the damaging of property”[4]
As such, a perpetrator of family violence does not have to be charged or convicted of a crime for a family law court to find that family violence has taken place in a case.
As per the Department of Justice Canada:
“Some examples of various types of violence in family law are intimate partner violence, child abuse and neglect, elder abuse, violence based on so-called “honour” and forced marriage.”[5]
Intimate partner violence (“IPV”) can occur within a marriage, common-law relationship or a dating relationship involving family laws. It can occur at any time during the relationship or even after the relationship has ended. Intimate partner violence can occur in same sex or opposite sex relationships. [6]
The World Health Organization identifies Intimate Partner Violence as a major global health concern. It impacts people of all backgrounds; however women experience this form of gender-based violence at much higher rates, most often perpetrated by men.[7]
While men can experience intimate partner violence, women experience it at a higher rate. Eight out of ten people who experience intimate partner violence are women or girls. Victims of Intimate partner violence can suffer detrimental affects to their academic, professional and social life. [8]
Amongst numerous factors, in making an order regarding parenting or contact the court will take into consideration, any family violence in the case.[9] If you are involved in a divorce, separation or court matter where family violence has taken place, and parenting or contact with a child is an issue to be resolved, the primary objective should be to consider the child’s physical, emotional and psychological safety, security and well-being. Cases of violence in family law require careful consideration.[10] An experienced family lawyer can assist you in addressing the best interests of a child within a case where family violence took place.
[1] Section 2, Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
[2] Section 2, Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
[3] Section 2, Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
[4] Section 2, Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
[5] Department of Justice Canada, Government of Canada, “About Family Violence” :https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html#:~:text=Family%20violence%20is%20when%20someone,they%20have%20an%20intimate%20relationship.
[6] Department of Justice Canada, Government of Canada, “About Family Violence”: https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html#:~:text=Family%20violence%20is%20when%20someone,they%20have%20an%20intimate%20relationship.
[7] Women and Gender Equality Canada (WAGE), Government of Canada, “Intimate Partner Violence”:
https://www.canada.ca/en/women-gender-equality/gender-based-violence/intimate-partner-violence.html
[8] Ministry of Children, Community and Social Services, Government of Ontario, Originally Published April 30, 2020: https://www.ontario.ca/page/intimate-partner-violence
[9] Section 16 (3) (j), Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
[10] Section 16 (1), Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.)
