Private Wrongs, Public Impact: The Case for a Tort of Family Violence

Authors

Pahul Gupta

First Page

185

Document Type

Allan Falconer Memorial Student Essay

Abstract

This research paper investigates the adequacy of current civil actions available against a particular form of family violence: intimate partner violence (“IPV”). The paper identifies the torts which are most commonly applicable in the IPV context and argues that they fail to capture the cumulative harm associated with such conduct. It identifies the shortcomings of such causes of actions and analyzes the multifaceted factors contributing to the limitations and challenges IPV victims face when pursuing such claims.

The paper provides a brief background on the historical and legal context of family violence before moving on to identifying the various causes of action that are most commonly used in this context. The paper argues that the current framework results in an inconsistent analysis of abuse and unpredictable damage awards. This paper emphasizes the importance of recognizing a tort of family violence (“TFV”) to provide a consistent framework that acknowledges the unique nature of familial abuse, improves access to justice, and ensures fair compensation. A TFV would align with evolving legal and societal understandings of family violence, offering survivors meaningful redress while reinforcing the law’s role in addressing systemic harm.

Recommended Citation

Pahul Gupta, "Private Wrongs, Public Impact: The Case for a Tort of Family Violence" (2025) 36:2 Can J Fam L 185.