The unfortunate and prevailing issue of violence within the family impacts the family unit as a whole. While it is very common in matrimonial proceedings, it can be detrimental to either party of the relationship, as well as any children of the marriage or relationship.
It is important to note, that domestic violence, or domestic abuse is not merely physical, but also extends to mental abuse.
Our team specializes in representing domestic violence victims and/or family violence victims. We take pride in ensuring that our clients feel safe and utilize our experience to assist our respective clients in assessing the potential risks presented to them and/or any children within the family unit.
Many domestic violence victim’s underestimate the potential impacts and the extent of the domestic violence or abuse. This is typically because of their internal fear, or the possibility of being labelled as the one to “blame”. In further cases, the affected individual may not be in the right state of mind to recognize the said abuse.
As a testament to our ability to ensure that our clients feel safe, our role aims at building trust with our client to address and assess the following issues:
We understand that the sometimes the risk is not only immediate, but is subject to change once various steps are taken.
In some cases, it may be appropriate to seek a Restraining Order pursuant to section 46(1) of the Family Law Act, wherein “the court may make an interim or final restraining order against a person described in subsection (2) if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody”.
If a client seeks an Order for exclusive possession of the matrimonial home, they must do so in their initial Application. It must be noted that this is only available to married parties.
Section 24 of the Family Law Act overrides the requirement that both spouses have an equal right to possession of the matrimonial home. Specifically, Section 24(1)(b) provides that a court may give either spouse exclusive possession if certain criteria are met. For this specific purpose, one criterion the courts consider is whether any violence committed by a spouse against the other spouse or child(ren).
At Nussbaum Law, we take compassion in protecting our clients. If you are a victim of domestic violence in your marriage, please contact one of our experienced family lawyers for assistance today!