New family violence protection.

• Author: Christopher, Catherine

The Protection Against Family Violence Act, which was passed by the Alberta legislature in 1998 and will come into effect shortly on proclamation, will change the way in which family violence is dealt with in Alberta. Saskatchewan and Prince Edward Island are two other provinces in Canada that have provincial legislation dealing with family violence. The Protection Against Family Violence Act will not replace the other ways in which we deal with family violence and domestic conflict under the Alberta Rules of Court and the Criminal Code of Canada, but will supplement those avenues.

Family violence is defined by the Protection Against Family Violence Act as including

* any intentional or reckless act or omission that causes injury or property damage, the purpose of which is to intimidate or harm a family member.

* any act or threatened act that causes a reasonable fear of injury or property damage, the purpose of which is to intimidate or harm a family member.

* forced confinement.

* sexual abuse

The definition of family violence does not include the use of reasonable force in the discipline of a child by a parent or a person in the role of a parent. The legislation defines family members as including a man and woman who are or have been married, or who are residing together in an intimate relationship, or persons who are the parents of a child, or persons who reside together and are related by blood, marriage or adoption, and children in certain circumstances.

It is worth bearing in mind that the Protection Against Family Violence Act gives a particular definition to the term family violence which is encapsulated within the larger framework of our understanding of domestic conflict. In general terms, the literature on domestic conflict defines abuse in more expansive terms to include emotional and psychological abuse (such as isolated or repeated acts of name calling, threats, isolation, and belittlement); physical abuse (such as the unwanted application of force); financial abuse (for example, withholding necessities such as food and medicine) and sexual abuse (such as forcing unwanted sexual relations). It should be noted that the Criminal Code of Canada has specific definitions of various offences that arise in situations of domestic conflict.

At the present time, there are four types of Court ordered protection available to applicants in situations where there is domestic conflict. The Court of Queen's Bench may grant restraining orders under the Alberta Rules of Court and exclusive home possession orders under the Matrimonial Property Act of Alberta. Under the Criminal Code of Canada, the Provincial Court of Alberta has the ability to grant peace bonds as well as no contact provisions as a term of release or sentence.

The Protection Against Family Violence Act provides for three additional types of court ordered protection, being the Emergency Protection Order, the Queen's Bench Protection Order, and the warrant of entry. Under this legislation, the person seeking the order is referred to as the claimant and the...