Family, Domestic & Intimate Partner Violence

Family Violence – Domestic Violence, Intimate Partner Violence

Family violence, also known as domestic violence or intimate partner violence can manifest in various forms including physical, emotional, psychological, sexual, or financial abuse. It may involve intimidation, coercion, threats, stalking, or harassment/assault. Recognizing the signs of family violence is crucial for protecting yourself and your loved ones.

Our Compassionate Approach

If you are experiencing family violence, your safety is our priority. We offer a safe and confidential environment where you can discuss your situation openly. Our experienced family law team will listen to your concerns, provide you with clear legal options, and work tirelessly to protect your rights and your children’s well-being.

We understand that family violence is a delicate, personal and deeply distressing matter, affecting not only adults but children and families in profound ways. Our team is committed to providing compassionate and effective support to those who have been impacted by family violence.

Child Custody and Access

In family violence cases, most often, one spouse threatens the other with custody of the children. Although not a determinative factor, if there have been family violence issues present then as per section 24(4) of the Children’s Law Reform Act, when determining access and custody, the Court must consider whether the person “has at any time committed violence or abuse against,

1. His or her spouse;
2. A parent of the child to whom the application relates;
3. A member of the person’s household, or;
4. Any child.”

The Courts must be aware of any past or present family violence issues. If family violence instances have occurred, the perpetrator may have supervised access to the child - please see Child Custody and Access.

Exclusive Possession of the Matrimonial Home

If you are ending an abusive relationship, you may petition the Court to have “exclusive possession” of the home. This means that you, and often your children will be able to continue residing in the home while the abusive partner would essentially be barred from returning to the home. Thereby, granting you exclusive possession. The Court is obligated to factor in domestic violence or family violence instances, among other considerations when deciding. Section 24(3) of the Family Law Act outlines same.

It is important to get in touch with a family law lawyer to assist you in understanding or assessing whether pursuing a claim for exclusive possession aligns with your particular circumstances or case.