Domestic Violence is serious and there are certain measures in place to protect individuals from domestic abuse. The Divorce Act also defines “Family Violence” in the context of the best interests of the child. The definition clarifies that the behavior does not have to be a criminal offence or meet the criminal threshold of “proof beyond a reasonable doubt” to be considered family violence.
There are protective orders and legal options available to victims within the Court system.
The new definition includes not only violent acts, but also the child’s exposure to such acts. It is worth noting that family violence can manifest in many different types of behavior including:
- Intimidating Behavior: Violent or Threatening acts like destruction of property, stalking, harassment to make victims feel unsafe
- Verbal Abuse and Pattern of coercive and controlling behavior: Intentionally insulting a victim’s appearance, intelligence, capabilities or even mental health with the aim to humiliate and degrade.
- Financial Abuse: Purposefully conceding information, limiting access to account or withdrawing money from an account for financial gain.
- Dear of Safety: Causes a family member to dear for their safety or safety of another individual.
The legal provisions relating to domestic violence in Alberta include:
Protection Against Family Violence Act (PAFVA): This is the primary legislation in Alberta that addresses domestic violence. It provides a framework for obtaining protection orders for victims of family violence. Protection orders may include conditions to ensure the safety of the victim, such as no-contact orders, restraining order, or a King’s Bench Protection Order preventing the alleged abuser from attending certain places. There are processes in place such as review hearings and Oral Hearing to determine if the Order will be revoked, extended or amended within a certain period.
Criminal Code of Canada: Criminal offenses related to domestic violence, such as assault, uttering threats, and harassment, are covered under the Criminal Code of Canada. Criminal charges can be laid against individuals accused of committing acts of violence or threats within a domestic context.
Emergency Protection Orders (EPO): In urgent situations, a victim of domestic violence may seek an Emergency Protection Order, which provides immediate protection for a specified period. The purpose of an EPO is to minimize, in as much as possible, the risk of future harm where it has been found that family violence has occurred. The granting of an EPO is remedial, not punitive in nature. EPOs can be obtained through the police or the courts. And EPO will be subject to review and can only be confirmed if the requirements set out in section 2(a), 2(a.1) and (2)(b) of the PAFVA are satisfied.
Victim Services: Alberta has victim services programs that offer support, information, and referrals to victims of crime, including domestic violence. These services can help throughout the legal process and connect victims with resources for support. You can connect to victim services at https://www.victimservicesalberta.com/.
If you require an Order through the PAFVA or an EPO, please contact a Family Law Lawyer at Wells Family Law for assistance. If you or someone you know is in immediate danger or experiencing domestic violence, please contact your local law enforcement or a crisis helpline for assistance.