Domestic violence is a serious issue that affects millions of people all over the world. It often escalates into divorce, which can be a difficult process for everyone involved. Statistics show that over 127,000 people call the police each year to report domestic violence incidents, but this number may actually be much higher because some people may not feel comfortable reporting these incidents to the police. This violence is often committed by spouses or parents.
Canadian law defines domestic violence as the use of sexual or physical violence by one person against another. It is an act of violence that happens within a family or household. This can include physical attacks, verbal abuse, threats, and intimidation. It can also be a threat to the health and feelings of a person.
In Canada, divorce lawyers can help navigate the process of ending a relationship that may involve domestic violence. They can also work with a victim to get the support and legal protection that they need. Here at Nanda & Associate Lawyers, we have experienced divorce lawyers who can help you deal with legal separation and divorce proceedings that are impacted by domestic violence cases.
If you or someone you know experiencing domestic violence in Canada is looking for some guidance to navigate the situation, here’s what our professional family lawyers have to say about dealing with this situation:
Actions that Constitute Domestic Violence
Many people think that abuse only happens when a person hits another person. However, it also includes other actions, such as threats to harm someone or their family. Family or domestic violence is any act that is performed intentionally to physically, mentally, or emotionally harm another person, including children.
While we’re on the topic of domestic violence as a divorce issue, it is important to remember that domestic violence isn’t limited to people who are married. Research shows that assault by intimate partners is reported by people dating even as young as the age of 14 to 15.
Therefore, domestic violence is much more than spousal abuse. Many divorce results due to abuse inflicted on children by one parent. Domestic violence can be grouped into the following categories:
Physical Abuse
This includes physical violence that causes bodily injury to another person. This can include hitting, punching, shoving, kicking, restraining, or using a weapon to cause bodily harm. It can also include intimidation or forcing the victim to perform sexual acts against their will.
Emotional/Psychological Abuse
This includes actions that are meant to emotionally damage the person being abused. It can include verbal threats and emotional manipulation that can cause emotional distress and pain.
Financial Abuse
This type of abuse involves withholding finances from their partner in an attempt to control them financially. This can lead to debt and loss of control of personal finances.
Domestic Violence in Canada
Although the number of domestic violence cases in Canada has reduced since 1999, there remains a significant level of domestic violence in the country that affects both men and women. However, women account for the majority of victims in this crime. As of 2019, over 107,810 people reported intimate partner violence to the police, and it is estimated that this number is much higher as many victims of intimate partner violence do not report it to the police out of fear of being identified and fear of retaliation. 79% of these reported cases are women.
Since 2017, there have been over 497 victims of DV homicide in Canada, of which nearly 400 were female. Moreover, studies also show that indigenous women and LGBTQ+ individuals are more likely to experience domestic violence due to their minority status in society.
Domestic Violence and Divorce
Family lawyers play an important role when it comes to divorce cases involving domestic violence. Here are some steps you can take to deal with your divorce case:
Understanding the Legal Process
The first step in dealing with domestic violence and divorce is to understand the legal system and the laws that govern family matters in Canada. Family law covers all matters related to marriage, separation, parenting arrangements, child custody and support, property division, and spousal support. Make sure you learn all about your legal rights before proceeding with your case. You should also understand the legal process and the steps you will need to take to resolve your dispute.
Having a divorce lawyer on your side can also allow you to get a fair deal from your ex-spouse without facing any challenges along the way. They can also help you understand your rights and obligations and help you navigate the legal process every step of the way.
Protecting Yourself
As a domestic victim going through a divorce, you must take steps to protect yourself and your children (if any) during the divorce process. Divorce lawyers can assist you with obtaining restraining orders, which will prevent your ex-spouse from contacting you or even coming near your home. Protecting yourself is a very important step from further abuse. You can also seek the help of a counsellor or support group that can advise you on how to deal with your issues and build emotional strength to overcome your fears.
Evidence Gathering
In a divorce case involving domestic violence, it is important to gather evidence of your spouse’s abusive behaviour so that you can use it during your divorce proceedings. Evidence such as police reports, medical reports, photos, and eyewitness accounts can be used to establish the extent of your spouse’s abuse and help you get custody of the children or get full custody of your property.
Your family lawyer can use this evidence to prove to the judge that you need protection and thus deserve favourable treatment in your case. It is also a good idea to keep a journal of all your encounters with your ex-spouse, as this can provide evidence that can be used in court as well.
Settlement Options
In many instances, divorce cases are often resolved in a settlement agreement rather than through the court system. This means that the parties can agree on how their property will be distributed, and they can come up with a custody arrangement that is in the best interest of their children. Family lawyers act as mediators and can help their clients settle outside of court, which works for both parties. This is also a much less stressful and quicker option for resolving your case than going to court.
Having a Strong Representation
Whether you are going through a contested or uncontested divorce, you need to have an experienced family lawyer who will represent your interests and fight for you in court. You should look for a lawyer who has extensive experience in family law, has handled a number of cases similar to yours, and has successfully helped other clients achieve the desired results.
Seek Family Support
During the process of any divorce, it is important to seek the help and support of family and friends. This can be a great source of strength and support during these trying times. It is also important to have an open and honest discussion about your situation with your family to make the process easier for everyone involved.
Child Custody
Children’s custody is another important issue when deciding on a divorce or in the event of a domestic violence incident. The court will look at several factors when deciding the best interest of the child, including the child’s emotional and physical well-being, the child’s relationship with the father, the ability of the mother to provide a safe environment for the child, and the economic circumstances of the family.
Make sure to gather the evidence before you go to court to support your case. Whether you choose to have an out-of-home visitation agreement or you want full custody, you will need to document all of your interactions with your spouse that support your case.
Having Realistic Expectations
Divorce cases can be emotionally charged and difficult. Remember that every case is unique, and every family is different. It is important to have a realistic expectation of what the outcome of your case may be. You may not get all the desired outcomes in your divorce case, and you may not receive the support you expect from your family and friends. You have to be prepared to compromise and negotiate, if necessary, to get what you want in the end.
If you want to hire a competent family lawyer in Brampton, we can help! At Nanda & Associate Lawyers, we have lawyers who are well-versed in family law and domestic violence law. We offer reliable and affordable legal services to our clients.
Our team also includes immigration lawyers and personal injury lawyers who are committed to helping clients overcome their most pressing legal concerns.
Click here to book a consultation with us and explore your legal options.
