Family Violence and Restraining Orders
Core concepts
Family violence includes physical, sexual, psychological, and financial abuse, and coercive control. Understand the difference between criminal remedies (peace bonds, criminal charges) and civil remedies (restraining orders, emergency protection orders, exclusive possession of the home). Courts consider family violence in parenting and support decisions. Key factors include the pattern of violence, risk to the child, and the effect on the victim's ability to negotiate agreements. A restraining order may restrict contact, communication, and proximity.
Traps in questions
- Assuming a criminal acquittal bars a civil restraining order.
- Overlooking coercive control that leaves no physical marks.
- Forgetting that family violence is a statutory best-interests factor.
- Confusing peace bonds with restraining orders.
- Ignoring the effect of violence on contract validity.
Rule of thumb
Identify the type of violence, the legal remedy, and the effect on parenting and agreements.
Worked example
A spouse controls all finances and threatens the other. No physical injury occurs, but this is financial and psychological abuse. The victim may seek a civil restraining order and raise family violence in a parenting dispute. A domestic contract signed under duress may be set aside.