Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Domestic Violence

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-07-2012, 01:14 PM
Senior Member
 
Join Date: Oct 2010
Posts: 451
Exquizique is on a distinguished road
Default Menchella v. Menchella - Text messages constituting "violence"

Just came across this case and thought i would share, as the primary issue explored was interesting:

"Can text messages received by a spouse constitute violence pursuant to Section 24(3)(f) of the Family Law Act? Alternatively, can interspousal text messages affect the best interest of a child in a manner that supports an order for exclusive possession?"

CanLII - 2012 ONSC 6304 (CanLII)
Reply With Quote
  #2 (permalink)  
Old 11-07-2012, 01:26 PM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default

From the judgement:

Quote:
father’s counsel bravely submits that the respondent was uncharacteristically ill-tempered during these exchanges, and of course, that it will not happen again
Ouch, not finished reading the case yet, but "bravely" does not bode well . Also, the father should take the advice often given that nothing should be put in writing that you would not be willing to submit to the court.
Reply With Quote
  #3 (permalink)  
Old 11-07-2012, 02:16 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Mixed feelings here. My ex has sent me similar texts, often nastier than those quoted by the judge, made intimidating remarks, threatened to vilify me publicly, etc. If a judge came down that hard on this guy, then my ex should get slammed even worse.

That said, it's part and parcel of divorce. If we got along, we wouldn't have split. My own lawyer included some examples of these texts in our pleadings, the judge was hardly impressed by my ex's behaviour but it didn't affect the outcome and there was no special repercussions on my ex from her behaviour.

More interesting is the acceptance of texts as evidence. We had this discussion come up on the boards several times. Would text messages be admissible? Apparantly in this case, yes. I suspect it depends on the judge and the circumstances, but here the judge is accepting them at face value.
Reply With Quote
  #4 (permalink)  
Old 11-07-2012, 03:18 PM
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

I'm not a lawyer, but my STBX was a law clerk, one of my groomsman(her former fiance) is a law prof, I studied political science, and a little law.

I've chosen to make any communication I need to do with my ex that is important through email. I don't write anything I wouldn't want the kids to read, and she does the same.

I do this so that there is a trail. Whether a court would find it admissable and how they would treat it is almost secondary.
Reply With Quote
  #5 (permalink)  
Old 11-10-2012, 01:18 PM
baldclub's Avatar
Senior Member
 
Join Date: Jun 2010
Location: Ottawa
Posts: 456
baldclub is on a distinguished road
Default

I brought around four thousand text messages from my ex to my criminal trial. The judge did in fact allow them (I stated I had them on my phone also for proof) but only cared about those that were "relevant". In my case the judge decided about two days worth were relevant.... it was enough for me, regardless.
Reply With Quote
  #6 (permalink)  
Old 11-10-2012, 01:25 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,569
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by baldclub View Post
I brought around four thousand text messages from my ex to my criminal trial. The judge did in fact allow them (I stated I had them on my phone also for proof) but only cared about those that were "relevant". In my case the judge decided about two days worth were relevant.... it was enough for me, regardless.
Relevancy matters. Now, there is additional relevancy to having 4000 messages in itself too. Which the judge would have taken note of for sure. If they were sent over a year that is like 11 text messages a day!

Which Darrell Sheets would say is the "wow factor":

Darrell Sheets Montage (Seasons 1-2) The WOW Factor - YouTube

Having to read 4000 text messages would be worse than this for sure:

http://www.youtube.com/watch?v=Wy3m5Xc4e10

Last edited by Tayken; 11-10-2012 at 01:28 PM.
Reply With Quote
  #7 (permalink)  
Old 11-10-2012, 03:59 PM
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Quote:
Originally Posted by Tayken View Post
Having to read 4000 text messages would be worse than this for sure:

Can you survive 10 mins of polka dot afro? - YouTube
that was the worst experience of my life.

This is the only thing I could find to cleanse that from my brain:

Two Sisters Polka
Reply With Quote
  #8 (permalink)  
Old 11-10-2012, 07:24 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,569
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Mess View Post
that was the worst experience of my life.

This is the only thing I could find to cleanse that from my brain:

Two Sisters Polka
I see your Two Sisters Polka and raise you Finntroll!
Reply With Quote
  #9 (permalink)  
Old 11-10-2012, 07:32 PM
Janus's Avatar
Senior Member
 
Join Date: Jul 2012
Posts: 1,342
Janus will become famous soon enough
Default

Quote:
Originally Posted by Tayken View Post
I see your Two Sisters Polka and raise you Finntroll!
That was actually semi-enjoyable. You lose.

(Hums troll music to self)
Reply With Quote
  #10 (permalink)  
Old 11-13-2012, 09:48 PM
baldclub's Avatar
Senior Member
 
Join Date: Jun 2010
Location: Ottawa
Posts: 456
baldclub is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Having to read 4000 text messages would be worse than this for sure:

Can you survive 10 mins of polka dot afro? - YouTube
Funny! I was still laughing while my partner's son started getting annoyed...then he started liking it again as he saw he me laughing!!
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Documenting using sms Text messages nogoingback Divorce & Family Law 8 04-27-2012 10:55 PM
Authenticating Text Messages ?? reesser Divorce & Family Law 3 02-08-2010 12:31 AM
Text Messages HappyMomma Parenting Issues 11 12-03-2009 10:51 PM


All times are GMT -4. The time now is 05:03 AM.