Most family law applications are dealt with in Regular or Special Family Chambers because an interim order is required and/or because the parties cannot afford a full trial or expert evidence. How then, can a family lawyer best make their client’s case regarding the presence of family violence in Chambers? What procedural steps must a lawyer be aware of in Alberta? What legal principles apply? What is the most recent caselaw on this issue? These presentations answer those questions and engage in thoughtful discussions about how to address family violence in chambers. These on-demand programs were originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. The total running time for each presentation ranges between 37 minutes to 1 hour, 20 minutes.

This presentation consists of two panel discussions and includes answers to questions from attendees at the live session. The morning discussion focuses on the program’s first two topics: evidence in chambers and legal principles surrounding family violence. The afternoon discussion focuses on the additional topics of allegations of family violence, counter-allegations of alienation, and outcome options. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. The total running time for each individual presentation ranges between 1 hour, and 1 hour and 20 minutes.

At the beginning of the presentation, Sarah Dargatz, the program chair, sets the stage with factors that lawyers should consider when addressing family violence in chambers. The rest of the presentation addresses evidence issues that may arise in chambers applications where there are allegations of family violence. It examines facts that need to be proven and how to prove/disprove them, statutory and common law definitions and requirements, and procedural steps that lawyers should consider. This on-demand program was originally presented as an in-person program on November 25, 2022 as part of our Addressing Family Violence in Chambers program. Total running time is 1 hour, 6 minutes.

These materials summarize recent cases dealing with family violence under the Family Law Act and the Divorce Act. They also explore cases of contact resistance (i.e. “alienation”) and situations involving PAFVA/restraining orders. Lastly, caselaw is considered on the emerging tort of family violence. This paper is part of a collection presented at LESA’s Addressing Family Violence in Chambers program in Edmonton on November 25, 2022.