GLOSSARY OF KEY TERMS

Family Violence^[1]:

Family violence means any conduct, whether or not the conduct constitutes a criminal offence, by a family member towards another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes

(a) physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person;

(b) sexual abuse;

(c) threats to kill or cause bodily harm to any person;

(d) harassment, including stalking;

(e) the failure to provide the necessaries of life;

(f) psychological abuse;

(g) financial abuse;

(h) threats to kill or harm an animal or damage property; and

(i) the killing or harming of an animal or the damaging of property

Coercive Control:

Coercive control is a pattern of abusive behaviors used to control or dominate a family member or intimate partner. Coercive control involves repeated acts of humiliation, intimidation, isolation, exploitation and/or manipulation, frequently accompanied by acts of physical or sexual coercion. Rather than one single incident of violence, this abuse is characterized by the ongoing manner in which it removes the victim’s rights and liberties, entrapping then in the relationship, and causing distinct emotional, psychological, economic, and physical harms. It includes Implicit or explicit threats,  isolation, micro-managing daily activities, undermining and discrediting the other parent, economic abuse, litigation abuse, and exploiting vulnerability.

Best Interest of the Child^[2]:

On March 1, 2021, significant amendments to the federal Divorce Act and the Ontario Children’s Law Reform Act came into force. The amendments to the Divorce Act introduced the enumerated Best Interest test and took a two-pronged approach to FV: Analysis of what constitutes the harm and what can be done to reduce such harm to children.

According to Section 16 (3) of Divorce Act, in determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including

(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

(d) the history of care of the child;

(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

(g) any plans for the child’s care;

(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

(j) any family violence and its impact on, among other things,

• • • • • (i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
        • (ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and

(k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

According to Section 16 (4) of Divorce Act, in considering the impact of any family violence under paragraph (3)(j), the court shall take the following into account:

(a) the nature, seriousness and frequency of the family violence and when it occurred;

(b) whether there is a pattern of coercive and controlling behaviour in relation to a family member;

(c) whether the family violence is directed toward the child or whether the child is directly or indirectly exposed to the family violence;

(d) the physical, emotional and psychological harm or risk of harm to the child;

(e) any compromise to the safety of the child or other family member;

(f) whether the family violence causes the child or other family member to fear for their own safety or for that of another person;

(g) any steps taken by the person engaging in the family violence to prevent further family violence from occurring and improve their ability to care for and meet the needs of the child; and

(h) any other relevant factor.

Systemic and structural Violence:

Galtung (1990) defined systemic and structural violence as “violence [that] is built into the structure and shows up as unequal power and consequently as unequal life chances”. These structures are violent because they result in a greater risk of harm, illness, injury, and death to a class or group of people (Rylko-Bauer & Farmer, 2017). Examples: poverty, food and clothing insecurity, the presence of poor neighbourhoods, high levels of violence, racial discrimination, and racist culturally insensitive services compounds victims’ trauma as additional trauma.

Trauma Informed Care approach: This approach recognizes how any child, youth, or adult might have a trauma history and interacts with the client in a way to decrease re-traumatization as much as possible.

Risk, Risk factors and Risk Assessment^[3]:

Risk: In cases of FV, risk can be understood as the likelihood that violence will occur in the future if actions and safety measures are not in place

Risk factors: A risk factor is a circumstance, an event and/or a personal characteristic that precedes the occurrence of the danger and may influence a perpetrator’s decision making. In, other words, a risk factor increases the likelihood of danger

Risk assessment: When it comes to the assessment of risk, it is crucial to note that the risk for violence can be influenced by context and can rapidly increase or decrease according to the change of circumstances. Therefore, the assessment of risk and safety should be ongoing.

Types of Risk factors^[4]:

Dynamic Risk Factors: Actual or pending separation, Escalation of violence, Perpetrator unemployed, Excessive alcohol and/or drug use by perpetrator, Depression – in the opinion of family/friend/acquaintance or professionally diagnosed – perpetrator, Other mental health or psychiatric problems – perpetrator, Obsessive behavior displayed by perpetrator, including stalking and/or possessive jealousy, New partner in victim’s life, Access to or possession of any firearms

Static Risk Factors: History of domestic violence, History of violence outside of the family by perpetrator,  Controlled most or all of victim’s daily activities, Prior assault on victim while pregnant, Choked victim in the past, Perpetrator was abused and/or witnessed domestic violence as a child, Failure to comply with authority – perpetrator, Perpetrator threatened and/or harmed children

Systemic factors: Immigration status, racial identity, forced marriage, class, religion, trauma due to conflict zone and/or war, child protection involvement, government income assistance, criminal court involvement, civil court, economic status/ challenges, ability/ disability, gender identity, sexual orientation, systemic bias based on substance use, mental health issues and type of employment.