Domestic Violence and Restraining Orders: Navigating Both Family and Criminal Court Systems
Key Takeaways:
- Domestic violence cases often involve both family and criminal court systems
- Restraining orders can be obtained through either family or criminal court
- The burden of proof differs between family and criminal courts
- Coordination between family and criminal proceedings is crucial for victim safety
- Legal representation is vital for navigating the complexities of both court systems
Introduction
Domestic violence is a serious issue that often requires intervention from the legal system. When domestic violence occurs, victims may find themselves navigating both the family and criminal court systems simultaneously. This dual-court approach can be confusing and overwhelming, especially when seeking protection through restraining orders. This article aims to shed light on how these two court systems intersect in domestic violence cases and provide guidance on navigating this complex legal landscape.
How do family and criminal courts differ in handling domestic violence cases?
Family and criminal courts approach domestic violence cases with different objectives:
-
Family Court:
- Focuses on civil matters such as divorce, child custody, and protection orders
- Uses a “balance of probabilities” standard of proof
- Can issue civil protection orders (e.g., Emergency Protection Orders, Queen’s Bench Protection Orders)
- Aims to ensure the safety and well-being of family members
-
Criminal Court:
- Deals with criminal charges related to domestic violence (e.g., assault, uttering threats)
- Uses the “beyond a reasonable doubt” standard of proof
- Can issue criminal protection orders (e.g., peace bonds, no-contact orders)
- Focuses on determining guilt and imposing penalties on offenders
What types of restraining orders are available, and how do they differ?
Several types of restraining orders can be issued in domestic violence cases:
-
Emergency Protection Order (EPO):
- Issued by family court in urgent situations
- Temporary, typically lasting up to one week
- Can be obtained quickly, often without the alleged abuser present
-
Queen’s Bench Protection Order:
- Issued by family court for longer-term protection
- Can last up to one year and be renewed
- Requires a more detailed hearing process
-
Peace Bond:
- Issued by criminal court
- Lasts up to one year
- Doesn’t require a criminal conviction but is part of the criminal process
-
No-Contact Order:
- Issued by criminal court as part of bail conditions or sentencing
- Can last for varying lengths of time depending on the case
Each type of order has its own application process and legal implications.
How do the different standards of proof affect domestic violence cases?
The differing standards of proof in family and criminal courts can lead to seemingly contradictory outcomes:
- Family Court: Uses “balance of probabilities” (more likely than not), making it easier to obtain civil protection orders
- Criminal Court: Requires proof “beyond a reasonable doubt,” a higher standard that can be more challenging to meet in domestic violence cases
This difference means that a person might be subject to a family court protection order but not convicted in criminal court for the same incident.
Why is coordination between family and criminal proceedings important?
Coordination between family and criminal court proceedings is crucial for several reasons:
- Ensuring consistent orders: Prevents conflicting orders that could compromise victim safety
- Sharing relevant information: Allows each court to make informed decisions
- Avoiding double jeopardy: Ensures that the accused’s rights are protected
- Streamlining the process: Reduces the burden on victims who must testify in multiple proceedings
- Comprehensive protection: Allows for a more holistic approach to victim safety and offender accountability
What challenges do victims face when navigating both court systems?
Victims of domestic violence often encounter several challenges when dealing with both court systems:
- Emotional stress: Reliving traumatic experiences in multiple court settings
- Time and resource constraints: Attending numerous court appearances and meetings
- Conflicting orders: Potential for confusion when orders from different courts don’t align
- Safety concerns: Increased contact with the abuser through multiple court proceedings
- Complex legal procedures: Difficulty understanding and following different court processes
How can legal representation help in navigating both court systems?
Legal representation is crucial when dealing with domestic violence cases across both court systems. An experienced lawyer can:
- Explain the different court processes and legal options available
- Help obtain appropriate restraining orders
- Ensure coordination between family and criminal proceedings
- Advocate for the client’s rights and safety in both court systems
- Handle communication with the other party or their lawyer
- Prepare and present evidence effectively in both courts
Conclusion
Going through family and criminal court systems in domestic violence cases can be a daunting task. Understanding the differences between these courts, the types of restraining orders available, and the challenges involved is crucial for victims seeking protection and justice.
At Kolinsky Law, our team of experienced Family and Criminal Lawyers in Edmonton is well-versed in handling domestic violence cases across both family and criminal court systems. We understand the complexities involved and the importance of coordinated legal representation in these sensitive matters.
If you or someone you know is dealing with domestic violence and needs guidance on restraining orders or navigating the court systems, don’t hesitate to reach out. Our Criminal and Family Lawyers in Edmonton are here to provide compassionate, professional legal support to ensure your rights are protected and your safety is prioritized.
Remember, no one should have to face domestic violence alone. With the right legal support and understanding of the court systems, you can take important steps towards safety and justice.
