Review of B.C. family law includes changes to deter domestic violence
The B.C. government has recommended changes to provincial family law intended to stifle domestic violence in the province.
Under the proposal, protection orders enforceable under the Criminal Code would replace the restraining orders available at present through B.C. courts.
The proposal is part of a process to update the province’s Family Relations Act, which was introduced more than 30 years ago.
Other areas under scrutiny include child support, division of property, dispute resolution, and guardianship.
According to a report from the Ministry of Attorney General, there is concern about how effectively orders prohibiting harassment and contact are enforced in B.C.
“This is not surprising given that breaches of protective orders are a key indicator of escalating risk and, therefore, a key part of any scheme designed to keep family members safe,” reads the report released today (July 19).
Comments
5 Comments
LOL
Jul 19, 2010 at 5:59pm
Call me naive, but I have a feeling that the tendency towards violence would be greatly decreased if the family relations act wasn't written solely to make sure every woman has the ability to rip the man's testicles through his wallet even if she was the one sleeping around or otherwise caused the relationship to fail.
glen p robbins
Jul 19, 2010 at 7:28pm
White Paper my ass -- its meaningless -- the Attorney General is looking for ways to find lawyers money.
Get the violence factor out of the civil mediation process -- and keep it in the criminal process.
Otherwise -- lawyers get in the middle of this----the best way to ensure that the mediation works out and the lawyers don't bloodsuck everyone to death --- use the costs provision of civil litigation to punish bad faith negotiators.
For instance, a husband and wife have $500,000 in assets and income isn't an issue--should be easy -- say 50/50 division. If one party agrees to 50% and one party goes for not < 75%---------with spin and the usual 'made up' affidavits---and ends up with 50% -- like was offered -- than costs -- the penalty -- for losing and not accepting the offer -- like California should be doubled and tripled (relative to offer and outcome),
The losing lawyer should split the additional penalty costs ----- under this new arrangement with his lawyer -- for not doing a good job.
This approach should also be implemented with personal injury claims and ICBC -- who takes advantage of beaten clients all of the time.
RodSmelser
Jul 20, 2010 at 12:29am
===>>> LOL
I wouldn't call you naive. Your attitude that violence is justified isn't naive it's outrageous. The imagery you use is a clue to your basic attitudes
Rod Smelser
glen p robbins
Jul 20, 2010 at 1:52pm
I wonder if this isn't in part -- an opportunity to ensure that all the gay marriages and unions -- don't hit the courts looking as ugly as heterosexual marriages have---done?
Egress
Dec 13, 2010 at 6:03pm
Neh neh all,
The protection order through the criminal courts makes it more enforceable and allows police to take action if the order is broken. This is very important to the safety of women, children, men, family members and the public. Remember once a protective order is in place, it is enforceable to both parties. Everyone needs to remember though, if there is abuse in the home, a restraining order is not a shield of protection if your abuser decides to find you. You must always protect yourself and think smart. There are many levels of domestic violence abusers, the most frightening one is the one who needs a protective order, cause they may no longer be afraid or respect the law. The best way to get away is to take what you can and leave (have a DV advocate and police there to help cause this is a time when most women are killed) and go far away for a while. There help out there, and it may feel really scary asking for help but you don't have to do it alone. Good on BC for helping make it a criminal issue.