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

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Old 03-12-2014, 09:05 AM
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1. To define abuse, I would read Tayken's thread on abuse.
2. correct
3. Nothing is suppose to happen at a case conference unless it's on consent. That said I have heard of judges turning a case conference into a motion without notice and making an order. But I have only heard of this happening at Ontario Justice level, not at superior court.
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Old 03-12-2014, 11:40 PM
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Quote:
Originally Posted by nolimit View Post
First, is emotional abuse considered in court "(considering I am a man) ?
"Emotional Abuse" better identified as "psychological abuse" is rarely considered as it is subjective. Arguments can be made that the "victim" suffers from an anxiety disorder or other mental health disorder in which anything said to them can cause them anxiety which they psychologically project as "abuse".

http://www.ottawadivorce.com/forum/f...ase-law-16809/

If you attempt to claim "emotional abuse" evidence in order to invoke Rule 24.(4) (Violence and Abuse) I seriously caution you. Be it man, woman, gay, lesbian or transgendered as soon as you alledge "abuse" your medical records will be requested by the other party. All of them.

It may seem "logical" to claim "emotional abuse" but, one has to really understand the complexities of this concept of "abuse". A very senior justice recently addressed the complexity with the term "abuse" (including "emotional abuse"):

http://www.ottawadivorce.com/forum/f...ase-law-16809/

Quote:
[12] The difficulty with the term “abuse”, as it is used in affidavits filed in family law cases, is that it is used subjectively. It is an emotionally coloured term. It is not limited to describing physical violence but may be also be used to describe a range of conflicts including arguments, differences of opinion or values, or hurt feelings. For example, one partner may consider himself or herself as a good money manager while the other partner may perceive close budgeting as coercive control. One partner may consider an end-of-day inquiry about how the other spouse’s day went as an indication of love or interest while a disaffected spouse may deem the inquiry intrusive and controlling.
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Originally Posted by nolimit View Post
Second, Tayken mentioned that the judge that hears a motion won't be the judge that will be assigned to the trial? Is this correct?
Yes. Please read the Family Law Rules or retain counsel. If you do not understand this basic element of the law you really should have a lawyer.

Quote:
Originally Posted by nolimit View Post
Third, what is a case management conference? Does a judge make a decision during this conference?
Again, it depends. A justice can't make a substantive order. For example, change custody or access unless both parties CONSENT (agree). Judges can order all sorts of documentation disclosure.

For example, if you claimed "emotional abuse" on your Form 35.1 then, I would recommend to the other party opposing your claim to request an order at the Conference for the the full disclosure of your medical records, the names of every treating clinician you have had and their medical records... The defence to a claim of 'emotional abuse' is often to demonstrate that you suffer a long-term anxiety disorder. (Fear of being judged, fear of social situations, etc...)

Claiming "abuse" of any kind is VERY SERIOUS in Family Law and should not be done to gain an advantage. In most cases... It does not create an advantage for anyone...

Good Luck!
Tayken
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