Canadian Court Process Basics
A general explanation of how court processes work in Canada for DV-related cases.
Canadian Court Process Basics
Understanding the differences between civil and criminal courts in Canada can help clarify how various domestic violence-related family law matters are handled. Civil courts generally deal with disputes between individuals or organizations, such as protection orders or custody arrangements. Criminal courts address offenses defined under the Criminal Code, including charges related to domestic violence incidents.
Civil vs Criminal Courts
Civil court cases usually involve claims for remedies or enforcement of rights and require a balance of probabilities as the standard of proof. Criminal court cases, on the other hand, involve the prosecution of offenses where guilt must be proven beyond a reasonable doubt. The proceedings, rules, and potential outcomes differ to reflect these distinct purposes.
What Hearings Generally Involve
Hearings in both civil and criminal contexts typically involve presenting evidence, statements from witnesses, and legal arguments before a judge or justice of the peace. In some cases, alternative dispute resolution methods may be used prior to or during court processes. Hearings aim to provide an orderly forum for resolving disputes or deciding matters raised by protection or criminal charges.
Timelines and Expectations
Each case proceeds at its own pace depending on the jurisdiction, complexity, court availability, and parties involved. Some hearings may occur soon after an application or charge is filed, while others may require weeks or months of preparation and scheduling. People sometimes consult a lawyer to better understand the expected steps and timeframes related to their specific situation.
For additional resources and information on related legal supports, you may wish to visit DV.Support.