Le tribunal de la famille et plus : un guide pour les survivantes de violence entre partenaires intimes qui naviguent le tribunal de la famille

Intimate partner violence and sexual violence are forms of GBV in which women, girls, and gender-diverse individuals are targeted at exceedingly high rates. Certain populations that are targets of GBV or underserved when they are subjected to these forms of violence include Indigenous women and girls; Black and racialized women; immigrant and refugee women; Two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender-diverse (2SLGBTQIA+) people; people with disabilities; women age 15 – 24; and women living in Northern, rural, and remote communities.[2]

GBV is rooted in gender inequality and is intensified by systemic inequalities, such as sexism, discrimination based on sexual orientation, gender identity and expression, colonialism, racism, ableism, classism, poverty, ageism, and a collective history of trauma. GBV can have long-lasting negative health, social, and economic consequences, often leading to intergenerational cycles of violence and abuse.[3] Canada’s 2022 National Action Plan on Gender-Based Violence calls for a responsive justice system, recognizing that gender-based violence is a violation of human rights.

In this guide we use the term “survivor” to highlight the inherent strength and resourcefulness of the individuals we support, counteracting the inherent power imbalance that occurs when there is intimate partner violence and/or sexual violence. We know that not everyone who has had these experiences would identify as a survivor. We also know that how we identify and talk about our experiences can change with time, context, and circumstance. Sexual violence and intimate partner violence are forms of gender-based violence, which is predominantly perpetrated by cisgender men.[4] Women in heterosexual relationships are much more likely than men to be the targets of violence perpetrated by an intimate partner.[5] We also know that the rate of intimate partner violence among same-sex couples is comparable to or higher than that among heterosexual couples.[6] The term “survivor” is limited in that it does not articulate the gendered nature of who is subjected to IPV, nor does it acknowledge the heteronormative lens that is often associated with the types of relationships in which intimate partner violence occurs.[7] However you choose to name your experience and/or identity is valid and will be honoured.

Section 1 focuses on safety and well-being, providing foundational information and practical tools to help individuals recognize, assess, and respond to intimate partner violence. It begins by defining IPV and outlining common abusive behaviours, followed by guidance on identifying risk and understanding patterns of harm. The section offers step-by-step safety planning strategies, including plans tailored for children and for navigating safety concerns before, during, and after court proceedings. Practical checklists address safety at court, preparing to leave a partner, and setting boundaries with an ex-partner, alongside an overview of legal options that can support safety planning. Together, this section is designed to support informed decision-making and prioritize personal and family safety in complex and often high-risk situations.

Section 2 provides an overview of family law in Newfoundland and Labrador, with a focus on how the family court system operates and what to expect when navigating it. It explains the structure and roles of family law courts in the province, including information about the Intimate Partner Violence Intervention Court. This section walks readers through key considerations before starting a family court proceeding, outlines how to begin a family court case, and describes the main steps involved in a Supreme Court family law proceeding. It also highlights available family court support resources to help individuals prepare for and move through the process with greater clarity and confidence.

Section 3 focuses on family law supports related to parenting, children, and preparing for court. It explains how parenting arrangements are addressed after separation, including decision-making responsibility and how courts determine the best interests of the child, with particular attention to the impact of family violence. Practical tools such as worksheets, tip sheets, and frequently asked questions support parents in developing parenting plans and understanding their responsibilities. This section also provides detailed guidance on evidence, including what types of evidence may be relevant, how to gather and present it effectively, and how to prepare an affidavit. It concludes with information on post-separation abuse, highlighting how patterns of control and harm can continue after separation and within legal processes.

Section 4 offers a concise overview of immigration-related issues that may arise when experiencing or leaving an abusive relationship. It explains what may happen if an individual was sponsored by a partner and how family violence can affect immigration status and available options. This section highlights key pathways for protection and stability, including Temporary Resident Permits for victims of family violence and applications on humanitarian and compassionate grounds. It also notes how divorce may intersect with immigration processes and identifies interpretation support in court proceedings to help ensure meaningful access to justice.

Section 5 provides a focused overview of family court considerations for Indigenous survivors. It outlines key aspects of the court process, including child protection and property division, while recognizing the importance of cultural context and connection. This section introduces Cultural Connection Plans and highlights the role of the Newfoundland and Labrador Family Information Liaison Unit (NL FILU) in supporting Indigenous families. It also identifies relevant supports and resources to help Indigenous survivors navigate family court in ways that respect their rights, safety, and cultural connections.

Section 6 highlights considerations for individuals navigating family law and safety planning in northern, rural, and remote communities. It addresses unique safety concerns, including the presence of firearms, and challenges related to communication and access to services. This section also offers guidance on finding a lawyer and navigating court processes in contexts where resources may be limited or geographically distant, with a focus on practical strategies to support safety and access to justice.

Section 7 explores how family violence can intersect with other legal systems and proceedings. It explains the relationship between child protection and family violence, including what may happen if a family is reported to child protection services and considerations when reporting an ex-partner. This section also examines how child protection involvement can affect family court proceedings, outlines key aspects of criminal law related to family violence, and provides guidance on navigating concurrent legal proceedings when multiple legal processes are happening at the same time.