Domestic Violence and the Law

This book is essential for: lawyers in all areas, Crown prosecutors, criminal and family lawyers, police officers, social workers, family case workers, and victim advocates.

Current to: May 2011 

Identifying risk, creating safety
Domestic homicides are the most predictable and preventable of all murders. They share a pattern of risk factors that can be detected if we know what to look for and if the right questions are asked. Unfortunately, the vast majority of people are not educated on the dynamics of violence and the common risk factors for lethality. We often do not know how to talk to victims or abusers, what services are available, how to access those services, or that safety planning is often critical to surviving separation from an abusive partner. Understanding the dynamics of relationship violence and knowing the warning signs that can lead to lethal outcomes will enable you to provide appropriate and effective legal services. This publication shows lawyers and others how to spot the signs of domestic violence, how to understand the risks, and the best way to assist clients and others in creating safety.

Course Materials Coordinator
Jocelyn Coupal — Domestic Violence Consultant/Crown Counsel, Vancouver

CONTENTS

• evidentiary issues in domestic violent trials: the restricted application of the defences of consent and De Minimis to charges of domestic assault; the admissibility of evidence of prior bad acts of the accused; the use of out-of-court statements of the complainant; judicial notice and expert evidence on the issue of the recanting partner
• safety planning: assisting with developing safety plans—using checklists; cross-sector collaborative safety planning in high risk cases of violence against women in relationships
• trauma: strategies for dealing with its manifestation in women who experience violence
• disclosing information in woman abuse cases: guiding principles for community-based anti-violence programs working with high risk case management teams
• negotiating domestic violence: an exploratory study
• immigration issues and human trafficking: selected resources
• Ontario's domestic violence death review committee: 7th annual report of domestic violence death review committee (2009)
• custody disputes involving domestic violence
• high risk domestic violence files: resources
• certified batterer intervention programs