domestic violence

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Statistics like these outlines the severity and seriousness of the domestic epidemic in Canada. This is an epidemic with dramatic and negative effects not only affecting individuals, but communities as a whole, it is a crime that knows no economic, racial, ethnic or religious limits. “At some point in their lives, more than forty percent of women will experience violence, and in most cases this violence is in the hands of a man.” Although research may suggest that these statistics may be under-reported as many of these assaults go unrecorded, this is largely due to society’s refusal to recognize such violence as an infringement on women’s human rights. The violence Canada has experienced against women can be attributed to the result of a power structure that exist in society. While there has been a widespread recognition of this type of violence, it remains the case, that there are many areas of society where women are still subjected to this type of violence and in some way are seen as responsible for the man’s behaviour.
Unfortunately, it has taken legislators too long to recognize domestic violence as a devastating situation that affects millions of people. Canada’s legal system until very recently has refused to admit the realities of the violence epidemic. Socially, there has been a predisposition to treat the family unit as a “private sphere” being reluctant to intervene in all but the most serious of cases. Despite the policy around violence against women that others have documented over the past decade, it remains a systematic problem of considerable dimension. There have been significant changes in the way in which Canada’s not only social but legal system responds to domestic abuse in both its criminal and family law p...

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...be made restraining a person from molesting, annoying or harassing the applicant or child in their care.” These types of civil orders are part of the civil process, and generally sought after if the applicant is also seeking other civil remedies such as support or custody of their children.
A civil order is comparable to that of a recognize in a criminal proceeding, a part that a civil (restraining) order is obtained as part of a civil action in family law proceedings by a victim or their lawyer. “If there is a concern about police reluctance to enforce a civil order, it may be more useful to obtain a recognize under the Criminal Code s.810, which only requires an applicant to establish ‘reasonable grounds’ for a fear of injury to the victim or the victim’s children.” Police officers may be more willing to enforce such Criminal Code orders than mere civil orders.

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