07 March 2013

Guide for Victims of Family Violence Published by UBC Centre for Feminist Legal Studies

The Centre for Feminist Legal Studies at the UBC Faculty of Law has just published a helpful new paper, The BC Family Law Act: A Plain Language Guide for Women Who Have Experienced Abuse (PDF). According to the paper's introductory comments, the paper deals with family violence as it is addressed by the Family Law Act and
"...was written for women who are leaving or thinking about leaving a relationship with an abusive man and need information on family law problems. However, the information in this  guide applies to a marriage-like relationship between any two people, for example, two people in a same sex relationship."

10 comments:

  1. I have thought from the start of being introduced to so-called family law that other forces were at play.If one is not cooperative with agenda....then we will screen and label...call it violence.The definition of violent is in the criminal code,that`s where it belongs...UBC Centre for feminists legal studies!!
    I believe the criminal code should be enforced concerning violence,never through family law in anyway!!
    This is my comment and opinion only.

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  2. Thank you for sharing this. It's an interesting read and it looks like it should be an excellent resource.

    I think perhaps it might have been shrewd of the Centre for Feminist Studies to give the paper a neutral-gendered title, given that it actually reads from a gender-neutral perspective (as far as I can tell). Still, I can't really fault them for titling it as they did.

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  3. Mary, the guide actually speaks directly to women. The language throughout presumes the reader is a woman (e.g., sentences like "if his violence continues etc). It uses very specific pronouns throughout.

    I think the CFLS has no interest in being shrewd. It is a centre for FEMINIST legal research. The guide is for women who are victims of domestic violence, recognizing that women's experience of violence is unique.

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  4. All Canadian`s should have protection under the criminal code that respects all citizens including the accused.To be possibly labelled as being violent under family law act of B.C. without proper evidence under the criminal code of Canada is convenient.Why should I or other Canadian`s give up my right or rights to proper processes concerning serious accusations that are criminal in nature??

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    1. The distinction is that an application for a protection order under the Family Law Act is not an allegation of criminal conduct, and the making of a protection order isn't a finding of guilt for the commission of a criminal offence.

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  5. The meaning of the word:VIOLENT,VIOLENCE,family VIOLENCE is an accusation that is criminal in nature!!

    If I say to someone in the public....that a person is violent in anyway(including under family law),they would assume that person has VIOLENT tendencies.That is not proper processes of right`s of Canadian`s to defend themselves against serious accusations!!

    The organization and infrastructure in place concerning new family Act of BC. should not have this power to wheeled!!

    The word:VIOLENT should be stricken from Family Law Act of B.C.!!

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    1. I think that your concerns are perhaps somewhat exaggerated. An application for a protection order is not an accusation that a criminal act has been committed, and the person against whom the order is sought has the opportunity to defend the application.

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  6. Thank you for posting this. Family violence, intimate partner violence, domestic violence, spousal abuse, etc. whatever the term, is unique in how it is executed in the privacy of the home and within the privacy of the family. Violence, as the new Act defines it, is more than just a single act of violence, which is what the criminal code addresses. The new Act understands that violence perpetrated within the privacy of a family environment is a *pattern* of coercion and intimidation that causes real physical OR/AND psychological damage to the victims.... over time. The new Act also recognizes that the act of witnessing violence (as defined by the Act) as a child is a violence unto itself, making the witnessing child a victim of violence executed perpetrator. This is why it belongs in the Family Law Act.

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  7. Hi....The view of speaking to women is what is at play.!!
    Most of this new act is the feminist agenda in my opinion and it`s influence in changing or bringing criminal consequences within family law!!

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  8. in Australia the intake and assessment process on initial application appears to be non existent, an order to restrict civil liberties can be obtained on the say so of the appellant and the matter may be set down for trial much later. This makes the court process highly available for manipulation by abusive parties and violates human rights almost automatically.

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