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

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Old 11-26-2012, 05:33 PM
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Default Lawyers Speaks Out - Charges in Family Law

Lawyers alarmed at criminal charges in family cases | Headline News | Law Times News

Quote:
“Over the past 10 years, I have noticed an increase in the prevalence of these types of offences with a disturbing trend to use the criminal process as a quick means to obtain exclusive possession of the matrimonial home and thwart custody and access to the children of the relationships,” says Neuberger.

“I have successfully established fabrication in at least 15 per cent of the cases with very clear contradictions in evidence, including differences in affidavit evidence tendered in the family court proceedings.

Yet not one case resulted in charges being laid against the complainant.
...

Quote:
“So if you want to play the game, ‘I want custody, I want to control the situation,’ often people will take the position, ‘I’m going to call the police,’” says Maltz.

Immediately, the accused leaves the home and can’t communicate with the spouse and the children or come within a certain distance of the house. That makes the issues of custody and access more difficult.
What really is scary about false allegations:

Quote:
The sad reality is that legitimate cases of abuse get tainted with the same incredulous brush,” says criminal defence lawyer Roots Gadhia.
...

Quote:
As both a criminal and family law practitioner, Daniel worries the situation could lead to further abuse of the criminal justice system.

“It usually comes about when there’s a matrimonial breakdown and then police are called,” she says. “I’ve had a lot of criminal clients that have had proceedings against them . . . and family court proceedings follow.”

It’s difficult, she adds, to discern fact from fiction. Clearly, the issue of abuse between couples is one the courts take very seriously. But it’s also clear to many lawyers that some people use the process to further their own family law case.
Very impressed to see such a diverse set of lawyers clearly articulating a lot of the problems.

Good Luck!
Tayken
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Old 11-26-2012, 06:31 PM
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the knight in shining armor may very well get recognized. its about time.
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Old 11-26-2012, 08:47 PM
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the knight in shining armor may very well get recognized. its about time.
I just threw up a little bit.
Knight in shining armor indeed.
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Old 11-26-2012, 09:00 PM
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www.dosrpg.net/other/kina.doc
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Old 11-26-2012, 11:18 PM
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I think false charges are reprehensible and perpetrators should be punished.

With that said I think we should look at why some misguided people might possibly get charges laid against their opposing spouse. I think in some cases it could be that the opposing party seeks to expedite and circumvent the court system. I frequently read of how many years and thousands of dollars it takes to formulate simple parenting agreements. I read of how expensive and frustrating it is to get financial disclosure from one's spouse. Then there is the child custody and access issue. To a simple minded individual calling the cops with bogus charges might seem the easy, and less expensive answer. I wouldn't be surprised to learn that some people have actually been advised "off the record" to call police to get a spouse out of the home.

There needs to be ongoing education of law enforcement officers on high conflict family court matters. I believe it is equally important to have a standardized measure of effectiveness in this training, in particular for front line, first response law enforcement personnel.
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Old 11-27-2012, 12:46 AM
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Focusing on the solution may help reduce this heinous crime. i have been through the "system" and after careful consideration i think that the following changes will significantly help

1- Alter/effectively reduce the "Zero Tolerance" policy which practically dictates the police to not use their brains and simply proceed with laying a charge upon a complaint.

2- in addition to above following a failed prosecution a mandatory investigation shall be launched into the involved police officer's conduct (i.e. determination of circumstances of the charges laid, as well as investigation of the "witness" who made the false allegation. a demotion to the lowest ranks (i.e. effectively reducing the salary of the "officer" and therefore compensating the public funds) and a few jailed false accusers will send out a message to both the police that they are not Gods, and also to the false accusing spouses that they should find alternative ways of dispute resolution.

sorry if this sounds a bit too complicated .. i am coming down with flu and a headache
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Old 11-27-2012, 08:38 AM
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Although I was not charged, I remember well dealing with police in the face of false accusations. Before going in for questioning, I had my lawyer contact the detective and confirm that the police had something legitimate to discuss and not vacuous accusations from my ex wife.

I went in, and before long out came the e-mails from my ex wife and a journal she had given the police.

I just walked out.
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Old 11-27-2012, 10:53 AM
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Quote:
Originally Posted by FightingForFamily View Post
Although I was not charged, I remember well dealing with police in the face of false accusations. Before going in for questioning, I had my lawyer contact the detective and confirm that the police had something legitimate to discuss and not vacuous accusations from my ex wife.

I went in, and before long out came the e-mails from my ex wife and a journal she had given the police.

I just walked out.
Did you get copies of the journal and emails from the police? You have a right to access and copies of the "evidence" they were relying upon. Furthermore, you can request full disclosure at a case conference that the police are to release all information, evidence and incident reports.

Your lawyer should be requesting that the other party provide consent to release the information from the police and everything. When they refuse to provide the consent then go on motion to get it or request it (technical) at the next conference.

You would be surprised how valuable the evidence given to the police is if there are constant harassing (mischievous) threats from "peace officers".

One can only hope that the lawyer representing the other party did the opposite of what the honourable justice in Shaw v. Shaw and answer this outstanding judicial question...

Quote:
[8] I do not know what advice Mr. Shaw received from the unnamed lawyer whom he consulted before, as he put it, asking for charges to be laid. I can only hope that no licensed lawyer in this province would have advised the father that the fastest way to get custody and exclusive possession of the family home was to report the mother’s transgressions to the police.
If there is anything with the lawyer's name, and information provided to the police that an "Officer of the Court" recommended to their client to bring forward criminal charges in a family law matter... What you have in hand is what the Law Society, justices and society has been seeking out... That "licensed lawyers" in this province are advising clients that the fastest way to get custody and exclusive possession of the family home is to report transgressions to the police.

Good Luck!
Tayken
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