Enhancing Safety: When Domestic Violence Cases are in Multiple Legal Systems
(Criminal, family, child protection)
A Family Law, Domestic Violence Perspective
Table of Contents
- Executive Summary
- Part 1: The Nature of the Problem
- Part 2: Terms
- Part 3: Accepting a Family-violence Case: Overview
- 3.1 Obtaining and Assessing Information About Domestic Violence
- 3.2 Considering Risk
- 3.3 Possession of the Family Home and Personal Belongings
- 3.4 Child Safety
- 3.5 Referrals to Other Agencies and Services
- 3.6 Use of Modern Technology for Harassment and Surveillance
- 3.7 Engagement with the Criminal Law System
- 3.8 Immigration
- 3.9 Translators and Interpreters
- 3.10 Delayed Disclosures
- 3.11 Recent Injuries
- Part 4: Collection and Exchange of Information
- 4.1 Patterns of Revealing Particulars of Violence
- 4.2 Patterns of Revealing: Survivors
- 4.3 Patterns of (Not) Revealing Violence: Perpetrators
- 4.4 Obtaining Particulars
- 4.5 Gathering Evidence: Where to Look
- 4.6 Eliciting Information from Children
- 4.7 Exchanging Information Across Legal Systems
- 4.8 Disclosure Requirements: Child Protection Legislation
- Part 5: Differing Understandings of the Nature of Domestic Violence
- 5.1 Brief comment on International Human Rights Frameworks
- 5.2 Understanding Domestic Violence in Multiple Legal Contexts
- 5.3 Why Domestic Violence is Assessed Differently From Other Forms of Violence
- 5.4 Types of Domestic Violence of Less Concern in a Family Law/Child Protection Context
- 5.5 Post-Traumatic Stress Induced Domestic Violence
- 5.6 Concluding Comments on the Need to Distinguish Types of Domestic Violence
- 5.7 Questions That Can Help to Distinguish Coercive From Resistance Violence
- 5.8 Special Forms of Domestic Violence: Culture, Technology, and Animals
- 5.9 Implications of Differences in Criminal and Family Law Understandings of Domestic Violence
- 5.10 Connecting the Focus on Pattern & Type of Domestic Violence to Children
- 5.11 Connecting Family Law's Focus on Pattern & Type of Domestic Violence to Procedural Justice
- 5.12 Reconciling Definitions Across Systems
- Part 6: Risk Assessment, Continuing Domestic Violence
- 6.1 Introduction
- 6.2 Information Sources
- 6.3 Risk and Lethality: Similarities and Differences
- 6.4 Indicators of Risk of Continuing Violence
- 6.5 Sharing Information Relating to Risk
- 6.6 Culture, Age and Social Status Can Increase Risk
- 6.7 Targeted Party Fear
- 6.8 Concluding Comments on Indicators of Risk
- 6.9 Information Exchange Protocols
- 6.10 Risk Assessment Tools
- 6.11 Changing Circumstances
- 6.12 Risk Assessment in Family and Child Protection Cases, Admissibility and Use
- 6.13 Caution: Meaning of a "Low Risk of Domestic Violence" Assessment
- 6.14 Safety for Children: Current Risk Assessments Tool Limitations
- 6.15 When Should a Domestic Violence Expert be Called In?
- 6.16 When a Domestic Violence Expert May Not be Needed
- Part 7: Potential for Lethal Outcome
- 7.1 Introduction
- 7.2 Facts Associated With Potential for Lethal Outcome
- 7.3 Additional Facts Associated with Lethality
- 7.4 Mandatory Information Exchange: Potential for Lethal Outcome
- 7.5 False Positives: Facts May Not Result in Death
- 7.6 Does Preventative Action Violate Rights?
- 7.7 Facts That Should Not be Taken into Consideration
- 7.8 Best Practices: Managing Risk and Danger
- Part 8: Interim Proceedings
- 8.1 Child Protection: Preventive Protective Orders
- 8.2 Restraining Orders and Orders for Civil Protection
- 8.3 Interim Custody
- 8.4 Interim Release (Bail)
- 8.5 Child Abduction: Family, Criminal & International Law
- 8.6 Settlement Processes: Criminal and Family
- 8.7 Limitations on Disclosure to Criminal Sector: Discovery & Mandatory Disclosure
- 8.8 Privacy Rules Affecting Disclosure: Relevance of PIPEDA to Civil Litigation
- 8.9 Applications by Perpetrators for Disclosure of Files Pursuant to Freedom of Information Legislation
- 8.10 Disclosure and Production of Criminal Conviction Records for use in a Family Law or Child Protection Context
- 8.11 Responding to Applications for Medical and Health Records
- 8.12 Responding to Applications from Criminal Defense Lawyers to Produce the Civil Litigation File
- Part 9: Hearings, Cross-sector Evidence Issues
- 9.1 Evidence From Prior Judicial Proceedings
- 9.2 When a Perpetrator Challenges a Prior Conviction or Guilty Plea in a Family Law Context
- 9.3 Can Incidents of Domestic Violence be Considered by a Family or Child Protection Court Despite a 'Not Guilty' Finding?
- 9.4 When a 'Victim' Attempts to Refute a Criminal Conviction
- 9.5 Interpreting a Victim Recant in a Criminal Case in a Family Law Context
- 9.6 Evidence Rules in Family & Criminal Contexts: Past Conduct
- 9.7 Good Character Evidence
- 9.8 Victim/Witness Demeanour
- 9.9 Evidence of Children
- 9.10 Polygraph Evidence
- 9.11 Audio and Visual Recordings
- 9.12 Strangulation (Attempted)
- 9.13 Avoidance of Conflicting Agreements and Orders: Reminder
- Part 10: Court Connected Services, Best Practices
- Part 11: Conclusions
- Date modified: