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Family Violence

Corcoran Law & Mediation Centre are Experienced Domestic Violence Lawyers in Calgary

If you or your children are in danger, or you have been subjected to family violence and require immediate assistance – please call 911.

The police service will assist in cases of emergency. If certain concerns are present under the law, the police may also assist you in applying for an Emergency Protection Order (EPO) pursuant to the Protection Against Family Violence Act.

If you are a survivor of family violence, you want lawyers that:

  • understand your experience
  • take precautions to ensure the safety & security of your family
  • have experience with cases of family violence
  • will use every resource available under the law to protect your rights
  • implement & employ strict protocols to ensure your privacy is protected
  • can facilitate your access to various resources available to help you and your family move forward with your lives

Our client survivors of domestic violence have found comfort in our team approach in facilitating the financial, professional, and legal transition to their post-separation lives.

If you do not already have a team in place to help you, we encourage you to contact our office for a free 30 – minute consultation to see how we can help you obtain the relief you and your family need.

Not unlike other cities, Calgary has an excessive number of family violence cases. Unfortunately, but nonetheless indefensibly, financial difficulties arising as a consequence of economic decline often lead to family violence.

This does not make it okay.

Family violence is never okay.

You have the right to be safe and secure.

Legislation has been drafted to protect those who have been subjected to family violence. At Corcoran Law we have a great deal of experience with cases involving family violence. Let us explain the law and your rights to you in a way in which you can clearly understand.

Please advise our office on your questionnaire and at your initial consultation if there is any history of family violence or concerns of potential violence, so that we may ensure that the safety and security of your family is prioritized.

Recognizing Abuse

In Canada, a 2018 statistical profile found that over 1/3 of all police-reported violence occurs between intimate partners. Abuse can take many forms – physical, sexual, psychological, digital, forced confinement, financial, cultural and even spiritual. There is help.

Under the Divorce Act family violence means 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 — and includes:

  • physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;
  • sexual abuse;
  • threats to kill or cause bodily harm to any person;
  • harassment, including stalking;
  • the failure to provide the necessaries of life;
  • psychological abuse;
  • financial abuse;
  • threats to kill or harm an animal or damage property; and
  • the killing or harming of an animal or the damaging of property.

Early Indicators of Abuse

Your partner:

  • is extremely jealous;
  • wants to know where you are at all times;
  • gets upset if you spend time with friends or family;
  • holds rigid expectations of male/female or adult/child roles;
  • expects you to meet their emotional needs;
  • blames others and you for his problems; or
  • threatens you with violence.

Effects of Abuse…

…on children.

Children who are witness to or victims of family violence, are at serious risk for long-term physical and psychological problems. A baby may not form a healthy emotional connection with either parent; young children may revert back to infant coping mechanisms like bed-wetting, thumb-sucking or increased crying; and older children may develop gastrointestinal issues, experience guilt, act out aggression, retreat from school, family and friends and engage in risky behaviours.

In circumstances of family violence, the best advice we can give to you is not legal advice, but rather relates to the physical and psychological development of children in toxic environments. Children’s brains that are exposed to toxic stress develop differently than children’s brains that are not exposed to toxic stress. If you are in an abusive relationship where your child may be exposed to toxic stress, you need to protect the child. If you can protect the child from toxic stress, you can provide the child a fair opportunity to grow and develop. Whether you choose to stay together or to separate, if the child is exposed to toxic stress, the child may not have a just chance at developing into a productive adult.

…on an abused partner.

Abused men and women may feel helpless and find it difficult to manage their day-to-day activities; they may find themselves being less patient with their children, resort to drugs and alcohol, experience guilt, shame or low self-esteem and blame themselves. These feelings and behaviours often intensify over time making it more and more difficult to regain control over one’s life.

Support Under the Law

If you or your children are in danger, please call 911.

Civil Protection Order

Alberta’s Protection Against Family Violence Act, enables you to obtain an Emergency Protection Order or Queen’s Bench Protection Order if you are a family member who experiences family violence, and you believe that the abuser will continue or resume the family violence requiring the immediate protection of yourself and other family members given the urgent and serious nature of the situation. Our office can guide you in obtaining a Protection Order.

  • “family member” – (i) spousal and adult interdependent partner relationships; (ii) relationships where the parties are the parents of children; (iii) persons related to each other by blood, marriage or adoption; and (iv) persons residing together where one of them has care and decision-making responsibility over the other pursuant to a court order.
  • “family violence” – (i) an intentional or reckless act or omission that causes injury or property damage and intimidates or harms a family member; (ii) a threatened act creating a reasonable fear of injury or property damage; (iii) unwanted sexual contact; (iv) forced confinement; and (v) stalking.

A Protection Order can:

  • prevent the abuser from attending at or near certain places where you or your family members may visit, for instance, residence, business or school;
  • prevent the abuser from contacting you or your family members;
  • provide you with exclusive occupation of your home for a period of time, regardless of who owns the property;
  • incorporate a term which directs an officer to enforce the Order by removing the abuser from the premises;
  • and more.

Order for Exclusive Possession

You are able to obtain this Order under Alberta’s Family Law Act and Family Property Act. This Order will prevent the abuser from entering or attending at or near your home regardless of whose name is on Title; both legislations also allow for exclusive occupation of household goods.

Guardianship, Parenting and Contact Orders

Under section 18 of Alberta’s Family Law Act, in their determination of the “best interests of the child” for the purposes of making these Orders, the courts are obligated to consider the presence of family violence as it is relevant to a child’s safety and well-being.

Guardianship Orders

Children are protected under the Child, Youth and Family Enhancement Act, which cites exposure to domestic violence as a basis for intervention.

If your child has been apprehended and you have concerns surrounding the intervention or assessment of the Director of Children’s Services, you may seek to oppose the Director’s application. Our office can help you in opposing a Temporary or Permanent Guardianship Order, as well as a Supervision Order.

If a child has been placed in your Kinship Care and you seek to become the child’s legal guardian, then our office can help you in applying for a Guardianship Order under the Family Law Act.

Divorce Act: Best Interests & Family Violence

In considering the best interests of the children under section 16 of the Divorce Act the court must consider:

  • the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child;
  • the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and
  • any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

The court must consider factors relating to family violence such as:

  • the nature, seriousness and frequency of the family violence and when it occurred;
  • whether there is a pattern of coercive and controlling behaviour in relation to a family member;
  • whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;
  • the physical, emotional and psychological harm or risk of harm to the child;
  • any compromise to the safety of the child or other family member;
  • whether the family violence causes the child or other family member to fear for their own safety or for that of another person;
  • any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and
  • any other relevant factor.

If you are experiencing family violence, there are many individuals, such as lawyers, doctors, social workers and counsellors; and organizations such as victim services, police community organizations, help lines, support groups, shelters or transition houses that can help.

For further information from the Department of Justice on Divorce and Family Violence see here.

How to Leave Safely

Develop a safety plan to ensure that you and your children can get out of the home in case of emergency.

Things you can do include:

  • Reach out to family, friends and your community for help
  • Arrange for a safe place to stay
  • Save money on the side
  • Arrange transportation
  • Take personal items for you and your children such as medication and important documents like personal identification

Family violence can throw anyone off course. Our compassionate team can help you re-establish control over your life.

Remember… You are not alone. You are not to blame. No one has the right to hurt you. Your violent partner will likely never change.

Contact our office so that we can help you implement a safety plan.