Canadian family law recognizes “family violence” as a broad concept that can include physical abuse, sexual abuse, threats, harassment, controlling behaviour and exposing children to violence. The federal Divorce Act and Alberta’s Family Law Act both require courts to consider any history of family violence when making decisions about parenting arrangements.
Criminal charges for domestic violence are handled in the criminal courts, but the same underlying behaviour often becomes highly relevant in family law disputes about parenting time, decision-making responsibility, and the use of the family home.
Emergency Protection Orders And Safety
Alberta has specific civil legislation, the Protection Against Family Violence Act, which allows courts to grant Emergency Protection Orders (EPOs) to help protect people experiencing family violence.
An EPO can, for a period of time, order an abusive family member to stay away from the victim and children, move out of the family home, and stop contacting the victim directly or indirectly
If you are in immediate danger, you should contact the police or 911. Information from the Government of Alberta on applying for an Emergency Protection Order can help explain the process.
In family law, an EPO or similar civil protection order often becomes part of the overall picture when a court later decides parenting or contact arrangements in light of a domestic violence charge.
How Family Violence Affects Parenting Decisions
When deciding parenting time and decision-making responsibility in Alberta, courts must focus on the “best interests of the child.” Provincial information sources emphasize that this includes considering any history of family violence and its impact on the child and other family members.
Domestic violence allegations or convictions may affect:
- Whether parenting time is supervised or unsupervised
- How and where children are exchanged between parents
- Whether communication between parents is limited to certain methods or third parties
- Who is allowed to live in or return to the family home
Even where there are no criminal convictions, evidence of a pattern of coercive or controlling behaviour can still be significant in family court. An experienced legal team can help you gather evidence outside of official convictions to help demonstrate your situation to the court.
Getting Legal Help With Overlapping Criminal And Family Issues
If you are facing domestic violence charges or you are a survivor of family violence, you may need both criminal and family law assistance. Criminal defence lawyers address the charges, potential sentences, and your rights in the criminal process. A family lawyer helps you understand how the same events may affect parenting, support, and civil protection orders.
For personalized guidance on how domestic violence issues may affect your separation, parenting arrangements or support, you can speak with an Edmonton family lawyer or an Emergency Protection Order lawyer in Edmonton. Although officials employed by the Government of Alberta work alongside community partners, only a private lawyer can provide independent legal advice focused on your interests.
Verhaeghe Law Office can be reached online or by calling (587) 410-2500 to arrange a confidential consultation.
Please note that the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.