In many cases, an exit process from a violent relationships implies the settling of a number of related civil disputes. During the period of protection provided by the court, the victim can consider and file civil lawsuits to the court to settle disputes regarding divorce, the custody of children and others.
Types of other disputes
The application for temporary protection against violence can be made at the same time, before, or after other civil claims and criminal complaints. The victim can, if they wish to do so, file a criminal complaint with the police before or after the application for temporary protection. The victim can also initiate civil disputes such as:
- Divorce or the annulment of marriage
- In the case of personal invasion, a claim for damages or moral compensation
- Spousal support
- Child support
- The division of joint property, or the terms of the property where the parties live together
- Child custody and visitation rights
Timeframe
If the victim of violence has applied for a protection order before filing civil lawsuits, this can affect the period during which the protective measures are applicable. Indeed, the measures set out in the protection order are taken for a maximum period of six months, but this period can be renewed for another six months if an application for divorce or legal separation has been filed or if the family court judge has been seized of an application relating to the child custody during the first six-month period.
Effect of preventive measures on civil lawsuits
There are no legal implications against the victim/claimant if they decide not to bring a civil claim against the perpetrator/defendant after the preventive measures are granted as stated in the protection order. Indeed, all these procedures are independent from each other which means that the victim can, or can not, initiate a civil lawsuit at any time, it does not have to happen during the six-month period of the protection order. However, it is recommended for the victim to initiate civil claims during that period because that would extend the period during which the protective measures are applicable, and it also allows the victim to file these civil lawsuits more safely.
If the family court judge rejects the victim’s application for a protection order, the judge may nevertheless refer the parties to another hearing for deciding on the exercise of child custody and the financial contribution of the parents to the maintenance and education of the children they have in common. This is possible if the situation is urgent and if one of the parties has requested it.