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Family violence in family law

The federal Divorce Act and some provincial/territorial family laws contain a good working definition of family violence:

Family violence is any conduct, whether or not that conduct constitutes a criminal offence, by a family member towards another family member, 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 – and in the case of a child, the direct or indirect exposure to such conduct….

The definition goes on to list some examples of behaviours that would be considered to be family violence:

  • Physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person
  • Sexual abuse
  • Threats to kill or cause bodily harm to any person
  • Harassment, including stalking
  • The failure to provide the necessaries of life
  • Psychological abuse
  • Financial abuse
  • Threats to kill or harm an animal or damage property, and
  • The killing or harming of an animal or the damaging of property

The term family violence is a general one and can refer to many kinds of abuse within a family:

  • Partner on partner abuse
  • Child abuse
  • Abuse by extended family members
  • Abuse of elders in the family by younger family members