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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 07-25-2013, 10:57 AM
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Default Damages Awarded for Assault - CANLII

My lawyer tweeted this case... I thought it might interest some.

CanLII - 2013 ONSC 1626 (CanLII)
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Old 07-25-2013, 11:47 AM
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This situation was horrific, and I don't want to belittle any of the rest of the events by focusing on one side-note, however this point comes up frequently on this board:
Quote:
The most egregious event on August 4, 2011 was not a spontaneous event, or a sudden lapse of judgment. The parties had already been separated for about six months. The Respondent telephoned and appeared to be in the vicinity of the Applicant’s residence early in the evening. Three or four hours later he entered the Applicant’s home in the middle of the night, when he would have known she was alone and likely asleep. He certainly knew he no longer lived there, was not wanted, and shouldn’t be there. It was a pre-meditated break-in.
The couple had separated in February, and the break-in occured in August.

There is no mention of any previous restraining order or order for exclusive possession. There is no mention of a settlement for the matrimonial home; the break-in occurred 6 months after separation.

So I find it telling that the judge clearly states that it is a break-in and that the respondant clearly did not live there anymore. This fact is independant of the assault; whether he had committed an assault or not, he still broke into the home in the middle of the night.

Keep this case in mind when questions of access to the home after separation come up.
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Old 07-25-2013, 06:14 PM
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Yes well, when you vacate the residence - and make a 'surprise' entry six months later, well certainly that is leaning towards criminal - in my opinion.

Just from reading the two above posts - that seems to be what happened.

I wonder if he was charged?
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Old 07-25-2013, 06:20 PM
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Quote:
Originally Posted by wretchedotis View Post
Yes well, when you vacate the residence - and make a 'surprise' entry six months later, well certainly that is leaning towards criminal - in my opinion.

Just from reading the two above posts - that seems to be what happened.

I wonder if he was charged?
He was

I think the difference is the damages award was ordered in Family court and not part of a lawsuit
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Old 07-25-2013, 06:22 PM
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oops. Just read a little further and want to clarify.

I was wondering if he was charged with trespass.
What 've read so far makes no mention of such a charge - but wow. What a horrific ordeal.
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Old 07-25-2013, 10:17 PM
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Quote:
Originally Posted by wretchedotis View Post
Yes well, when you vacate the residence - and make a 'surprise' entry six months later, well certainly that is leaning towards criminal - in my opinion.
Yes. I mention it because I've lost count of the number of times people come here and ask if they can move back in, if they can just go into the home to get what they want, if their can move back in, if their ex can come and go if they please, etc. etc.

In answering them, I cannot point to a specific paragraph in a specific statute.

I like that the judge has been so specific in this ruling.
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