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Family Law &
Divorce Articles
“Lorne did a great job representing me in my separation and divorce. I was very pleased with the outcome in what could have been a difficult and costly divorce. Most importantly, having Lorne take charge of my case gave me the peace of mind to get on with living.”
J.O - Alberta
Lorne Fine Professional Corporation—Family Law Lawyers in Toronto
DOMESTIC ABUSE
Unfortunately, domestic abuse is prevalent in our society. It is common in matrimonial proceedings. The abuse may be physical or mental. In either case, it can be very damaging for the Husband or Wife and detrimentally affect the Children of the marriage.
An individual should not hesitate to contact the police if he/she is being abused by their spouse. Due to numerous high profile domestic abuse incidents, the police are unlikely to tolerate any abuse between spouses. They quite often will remove one child from the residence and, if there are children, report the matter to the Children’s Aid Society (or CAS or JFSC). It is also possible that the police will lay a criminal charge as against one or both spouses.
The Children’s Aid Society will then investigate the home to determine if the Children are being abused in any way. It is possible for the CAS to remove the Child from the residence if they believe that the Child is at risk of harm.
Once a spouse is charged with a domestic abuse criminal offence, it is very difficult for the other spouse to try to have the charges dropped. The case is in the hands of the Crown Attorney. It is up to the Crown how they wish to proceed with the charge. If the other spouse does not cooperate with the Crown in facilitating the charge, it is possible for the “victim” to be charged for obstructing justice.
An abused spouse can also apply to the courts for a “Restraining Order.” A Restraining Order will provide that the other spouse not contact the abused spouse directly or indirectly. It may also provide that the other spouse not come within 50-100 metres of the abused spouse’s place of business or residence. A Restraining Order is not a criminal charge. However, once a Restraining Order is granted the court will request that a CPIC form is completed, which describes the alleged abusive spouse. The information on the CPIC form is then entered into a police system. The effect is that if an abused spouse ever contacts the police about his/her spouse after obtaining a Restraining Order the police will treat the call very seriously.
A court will usually not hesitate to grant a Restraining Order. It is possible to obtain a Restraining Order from the court on an “ex parte” basis (or without notice to the alleged abusive spouse). Although, if obtained ex parte, it is likely that the court will order that the Affidavit and Order be served on the alleged abusive spouse.
An individual who is abused by their spouse should never hesitate to either contact the police or bring a motion for a Restraining Order.
THE INFORMATION HEREIN IS FOR INFORMATION PURPOSES ONLY, IS NOT INTENDED AS LEGAL ADVICE, AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE. IF YOU WITH HAVE ANY QUESTIONS REGARDING FAMILY / DIVORCE LAW, PLEASE CALL LORNE FINE AT 416-661-2066 OR EMAIL HIM AT LFINE @ TORONTODIVORCELAW . COM.
“I would recommend Lorne because he's a realist and always in control of a situation or conversation. As a result, he is able to get people to the table to negotiate and will fight for what your needs are.”
Gail M. – Etobicoke