Intimate Partner Violence, hereafter referred to as “IPV,” is also known as domestic violence or family violence. IPV is not limited to physical violence but also includes emotional violence, sexual violence, abuse (verbal, financial, or otherwise), and coercion. Some might argue that IPV is a social and criminal issue rather than a family law issue, but this is not the case. IPV impacts not only the victims but also their families and influences every decision within a family law case.
A history of IPV can affect various aspects of family law proceedings. For instance, it might influence whether a lawyer recommends a particular alternative dispute resolution process, whether a court implements safeguards during a parent’s parenting time, or whether shared decision-making responsibility is appropriate. Recognizing the prevalence of IPV in family law, the Divorce Act has been amended to address how it should be considered in resolving family law disputes.
Section 2(1) of the Divorce Act defines family violence as: “any conduct whether or not the 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.”
While the law has made strides to recognize IPV, it is important to understand that not all victims might be willing to share their experiences. Disclosing IPV can evoke several emotions, including guilt, embarrassment, and shame, making it difficult for victims to take action against their abuser. Despite these challenges, it is crucial for victims to disclose their history of family violence when consulting with a lawyer or drafting their family law application materials. Disclosure allows lawyers to tailor their advice and provide additional resources and support.
Disclosure of IPV in family law applications is essential because the relief sought in such situations typically differs from other family law proceedings. This relief may include:
Accessing legal information and assistance can be a beneficial and essential step towards healing for both victims of IPV and their children. At INB Family Law, we aim to ensure that those impacted by intimate partner violence feel both safe and supported when seeking our team’s assistance with their family law matters. If you or someone you know is a victim of intimate partner violence, please contact us to book a consultation or to learn more.