Intimate Partner Violence Flashcards
Intimate Partner Violence (IPV)
physical, emotional, sexual, financial and other harms caused by a current or former intimate parter/spouse
Coercive Control
patterns of control and abuse that cause fear or terror, including coercion (using force and/or threats to alter behavior) and control (regulating or dominating a partner’s behavior and choices, isolating a person from family and friends and restricting access to employment, education or medical care)
Mandatory Charge Policy
police officers are required to lay charges in domestic violent cases if they have reasonable grounds to believe that violence/abuse has taken place
Who does the Mandatory Charge Policy require the police to charge?
the “primary/dominant aggressor” - this can result in dual charging
what kind of bail condition is the mandatory charge policy administered through?
a “no contact” bail condition - this can be extended during community-based sentences
Mandatory Prosecution
unless in “exceptional circumstances”, Crown must prosecute domestic violence charges
If mandatory prosecution, can victim decide whether charges are laid/dropped?
no, they also cannot decide whether there will be a trial
What does satisfaction with mandatory charge/prosecution policies depend on?
largely depends on a victim’s survivor’s social location, opinions on wanting their partner charges, and comfort with court involvement
Specific Family Violence as an Offence within the Criminal Code
there is no specific offence for family violence, including IPV within the Criminal Code
How are offenders of IPV charged under the Criminal Code?
offenders are charged with specific offences related to the acts in each case
- ex. the use of physical/sexual violence: assault, homicide, sexual assault, etc.
Alberta’s Protection Against Family Violence Act (PAFVA)
protects family members from family violence including children and seniors
Under s.1(e) “family violence” includes:
- any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member;
- any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member
- forced confinement
- sexual abuse
- stalking
Emergency Protection Order (EPO)
for those in need of immediate protection from family violence, available to be applied and issues 24 hours a day
To issue an EPO, what must the court determine?
- family violence has occurred
- reason to believe the violence will continue
- immediate protection is required due to seriousness and urgency of the matter
What are some kinds of conditions that can be contained in an EPO?
- location restrictions
- communication restrictions, including through a third party
- granting the claimant exclusive occupation of the residence for a specified period
- the seizure and storage of weapons
Queen Bench Protection Orders
Protection orders for up to one year (with possibility of extension) for cases of family violence
How does a QBPO differ than an EPO in its conditions?
- require reinbursement for monetary losses
- order counselling
Peace Bonds
an agreement that the offender will keep the peace and be of good behavior for a specified period and complete any conditions
How long is a peace bond implemented for?
12-18 months
What conditions are typically included in a peace bond?
conditions typically include counselling, no-contact provisions, substance use abstinence, no weapons
What is Battered Woman Syndrome?
experienced by women who have suffered chronic and severe abuse, characterized by feelings of social isolation, worthlessness, anxiety, depression and low self-esteem
In R v. Lavalle, the SCC accepted BWS as a defence, which led to revisions of self-defence, what changes were made?
changes to the “imminency” requirement (i.e., that the risk of attack must be imminent) and the inclusion of how gender may affect perspectives in relation to self-defence
Is BWS considered a legal defence in itself?
no, it is a psychiatric explanation of the mental state of an abused woman
Intimate Partner Homicide
the killing of a current or former intimate partner/spouse
