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Criminal Law

What is family violence?

What constitutes family violence?

Family violence is defined as abusive behavior intended to control or hurt a member of one’s family or someone with whom they have a close relationship.

It encompasses various forms of physical and mental abuse, as well as neglect perpetrated by family members or partners. It could be a single act of violence or a series of acts that form a pattern of abusive conduct. Family violence can have catastrophic and fatal effects for victims and those who witness/hear it, particularly children.
Although the Criminal Code makes no mention of specific “family violence offenses”. However, many criminal code infractions can be utilized to prosecute someone with acts of domestic abuse.

Forms of violence or abuse

Family violence is not just physical violence. A person can be the victim of one or more forms of violence or abuse including:

  • Physical abuse
  • Sexual abuse
  • Emotional abuse
  • Financial abuse
  • Neglect

Abuse can take many forms and occur in a variety of contexts and relationships. Intimate partner violence, child abuse and neglect, elder abuse, so-called “honor” violence, and forced marriage are some instances of different sorts of family violence.

Physical Abuse

Physical abuse like assault is the intentional use of force against a person. It could cause physical pain or injury.

This kind of abuse includes:

  • hitting, slapping or kicking
  • pushing or shoving
  • pinching or punching
  • throwing objects at someone
  • holding someone down for someone else to cause harm or pain
  • locking someone in a room
  • lying them down
  • strangling or choking
  • stabbing or cutting
  • burning
  • shooting
  • killing someone

The above-mentioned are crimes in Canada.

Sexual abuse

Sexual abuse of an adult involves:
  • sexual activity or touching without consent
  • continued sexual contact even they were ask to stop it
  • forcing someone to commit unsafe or humiliating acts

Sexual contact with anyone without consent is a crime. It includes touching or forcing sexual activity on your partner or dating partner. Even your married, you cannot force your spouse to have a sexual activity.

Also, there are some laws protecting children from sexual abuses that prone to exploitation.

Emotional abuse

Emotional abuse is an act when a person uses words or actions to control, frighten or isolate someone or take away their self-respect. Sometimes, emotional abuse refers to psychological abuse. And includes the following:

  • constant yelling or criticism
  • threats, put-downs, name-calling or insults
  • making fun and preventing someone from practicing their faith or religion
  • controlling or keeping someone from seeing friends or family
  • destroying belongings, hurting pets or threatening to do so
  • bullying: to intimidate or humiliate (even on the Internet)

Many forms of emotional abuse are not crimes but can be signs that the abuse might get worse.

Some forms are crimes such as:

 
  • threats to harm the person or someone else
  • criminal harassment (stalking) which involves following or repeatedly contacting a person when they don’t want contact and they are afraid.
 

Financial abuse

 
Financial abuse happens when someone uses money or property to control someone else. This may include:
  • withholding or limiting money to control someone
  • taking someone’s money or property without permission
  • pressuring someone to sign documents
  • forcing someone to sell things or change a will
Most forms of financial abuse are crimes, including theft and fraud.

Neglect

 
Neglect happens when a family member or partner fails to provide your basic needs. It includes:
  • not providing proper food or warm clothing
  • failing to provide adequate health care, medication and personal hygiene (if needed)
  • failing to prevent physical harm
  • failing to ensure proper supervision (if needed)
Common-law partners or spouses and have a duty to care for each other. Adults to their dependent children and as well as to their dependent parents. Failure to provide the basic needs, and child abandonment. If a child is neglected, the social welfare or the child protection authorities could intervene and remove the child from their parents.

REFERENCE: https://www.justice.gc.ca/

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