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Posts from the ‘Domestic Violence’ Category

I’m afraid that my partner is going to take my child out of the country without my permission. What can I do if this happens?

If you are afraid that your partner is going to remove your child from Canada, it is important to get help quickly. This may include going to the police and letting them know what you believe your spouse is going to do.

Canada has signed an agreement called the Hague Convention with many other countries. This means that if a child has been removed from Canada and taken to another country that is a member of this agreement, there are special provisions put in place to deal with the situation. You... MORE »

If there are criminal charges laid against my partner, will these be dealt with at the same time as my family court matter?

In some jurisdictions, such as Toronto, there is a special court called the Integrated Domestic Violence Court that will hear some family and criminal law matters at the same time.

However, in other jurisdictions, you will likely have to go to two courts to settle the criminal and family matters separately. This process can be very confusing, and you may receive conflicting court orders from each matter. This commonly arises is access situations.

In these situations, it is especially important to consult with a family lawyer, as one order may need to... MORE »

My partner has abused me and I want to leave. Can I take my child with me?

In Ontario, both parents have equal rights to access their child. To entirely remove your child from your partners care, you will need a court order that gives you custody. Custody is decided when a judge determines what is in the best interests of your child. If you remove your child from their other parent, it may reflect poorly on you during future litigation. If you feel it is extremely unsafe for yourself and your child to remain with your partner, one way to mitigate this problem is by having... MORE »

When can I be charged with domestic violence during a separation?

It is very easy to be charged with domestic violence in the context of a separation as this is a time where there may a large amount of anger and emotional discussions between the parties. Domestic violence is not treated any differently just because the parties are separated and its definition remains the same as always.

Domestic violence includes the use or threat of physical or sexual force and includes emotional or psychological abuse or harassing/threatening behavior directed between partners with whom there is or was an intimate relationship. This means... MORE »

Are men more at risk for domestic violence charges than women?

Unfortunately, men do remain at higher risk of domestic violence charges than women due to residual perceptions of men as strong and threatening and women as weak and vulnerable. Police are more likely to lay a charge of domestic violence against a man if called to the scene of a domestic incident and if there has been abuse from both sides, it is more likely that a man will be charged than the woman.

This does not mean that women will not be charged with domestic violence. It is not uncommon... MORE »