Domestic Violence
A Simple Introduction to the Office of the Children’s Lawyer (OCL)
February 7, 2021
Family Law Restraining Orders
February 14, 2021
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.
Toronto Family Law Lawyer representing victims of Domestic Violence: Who We Are and How We Work
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.
The Effects of Domestic Violence
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.
Why hire a lawyer specializing in Domestic violence or Family 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:
- First, we work with our client to consider whether there is any immediate physical risk to the client or child(ren). In doing so, we consider whether it is safe for the client to return to their home. In addition, we determine if the child or children are at risk as victims, as well.
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”.
- After assessing the client’s situation, we help clients utilize the appropriate services within their community, such as shelters in which they may be able to seek interim support.
- We then take the time to draft an Application immediately, and/or bring an Urgent Motion if the relief sought is urgent.
Exclusive Possession of the Family Home
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!
CONTACT INFO
- Nussbaum Family Law
45 Sheppard Ave. E #100
Toronto, ON M2N 5W9
