BCIFV home > Overview of Family Violence > 8: Application of Civil and Legal Remedies

OVERVIEW OF FAMILY VIOLENCE

CONTENTS
1. Introduction
2. What Do We Mean By Family Violence?
3. How Common Is Violence In The Family?
4. Familial Homicide
5. Criminal Harassment (Stalking)
6. Effects Of Family Violence
7. Is All Family Violence Criminal Behavior?
8. Application Of Civil And Legal Remedies
9. What Services Are Available In BC?
10. References
11. Resources

APPLICATION OF CRIMINAL AND CIVIL LEGAL REMEDIES

Historically, violence within the family was not only considered an internal family matter but was socially condoned. Even when behavior that clearly constituted a crime occurred, society generally conspired with those involved to keep the matter a secret. Now, in British Columbia, as well as in many other jurisdictions in and outside of Canada, major policy directives have been issued whose aims are to recognize and respond to family violence as an illegal act. For example, in BC, there is a requirement that criminal justice system personnel lay and follow up on assault charges if there is reasonable evidence that an assault has occurred, whether or not the victim wishes charges to be laid. Child protection policies have undergone reviews and the new Child, Family and Community Service Act and Child, Youth and Family Advocacy Act have been passed. The Adult Guardianship Act has also been revised to enhance the ability of those requiring custodial care to be involved in decisions affecting their quality of life.

Despite increased public awareness of the criminal nature of acts of violence among family members, however, most occurrences of family violence are not reported to protective agencies (police or social services). A federal victimization survey (the General Social Survey) found that 68% of non-sexual assaults and 90% of sexual assaults were not reported to police. When asked why a report had not been made, major reasons given were "dealt with another way", "personal matter", "didn't want to get involved with police", "too minor", "police couldn't do anything", "fear of revenge", "nothing taken" and "police wouldn't help" (Statistics Canada, 1997).

Legal Remedies

Civil remedies

A variety of civil remedies are available to victims of partner abuse seeking protection orders, maintenance, custody of children and/or family property. Civil remedies must be applied for through Provincial Family Court or BC Supreme Court. Legal representation is necessary to present a case to the Supreme Court, and is optional, but advised, if remedies are sought through Family Court. Legal aid may be available for victims of family violence who are unable to afford legal representation.

Criminal injuries compensation

Personal injury lawsuits may be initiated by any individual who has been physically injured by another person, and are considered by the Supreme Court, or if the potential award is less than $10,000, by Small Claims Court in BC. Awards resulting from such actions may cover costs associated with health care expenses, loss of income and pain and suffering.

Criminal remedies

A victim of family violence, or a friend or neighbour, may call 911. The police will investigate and determine whether to recommend criminal charges be laid against the perpetrator. Types of charges include sexual assault, assault, intimidation, uttering threats, disobeying an order of the court, criminal harassment and abduction. If the evidence does not support a criminal charge, a person in fear for the safety of themselves and/or their children can apply to a Justice of the Peace for a peace bond which prohibits the perpetrator from making contact with the family.

The provincial Criminal Injury Compensation Act stipulates that any person who is the victim of a crime is entitled to apply for compensation for personal injury and suffering. Through the Ministry of Attorney General's Criminal Injury Compensation Program (administered by the Workers' Compensation Board), an individual may apply for financial compensation to cover a variety of expenses incurred as a result of the crime, including medical, dental, mental health and child care costs. Loss of income or wages and compensation for related pain and suffering may also be covered. In general, adults must apply for assistance from the program within one year of the criminal incident; different criteria apply for criminal injuries sustained by persons under the age of majority (i.e., child sexual assault). To file a claim with the Criminal Injury Compensation Program, contact local police, any BC Victim Services Branch or the province-wide, toll-free Victim Information Line (contact numbers follow at the end of this document). Similar programs exist in every province across Canada.

Next: What Services Are Available In BC?

This page last updated September 20, 2000.
Copyright (c) 1996 BC Institute Against Family Violence.