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

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Old 06-06-2006, 02:29 PM
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Default what do i do

i am in a common law relationship for 12 years i have 1 child and we have 1 together my partner has become abusive to my child and i would like to get a court order to keep him out of the house until we can resolve all issues we bought the house together but the title is in his name is there any way i can have him removed???? i have nowhere to go because i moved to this city to support him with his job my family is 4 hours away what can i do ...theres got to be a way
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Old 06-06-2006, 02:44 PM
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Probably the best thing to do is to obtain either an emergency protection order and/or a restraing order. In most jurisdictions you can do this on an "Ex Parte" basis - meaning, wihtout notice to him. Most communities have an agency that is a branch of legal aid or legal guidance that can help you in filling out the paperwork and in making your court appearance. My suggestion is that you get in touch with one of them in your area. You can also apply for legal aid, if you are eligible, a legal aid lawyer can do it for you.
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Old 06-06-2006, 02:54 PM
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Hi so_lost.

I am so sorry to hear of your situation.

Yes, there are things you can do. But you have to be willing to persue charges against him. I won't retype the law here. Hopefully Jeff or LV will give you the legal stuff!

What I've done for you is inserted some hyperlinks to relevant docs on the issues that follow, all for Ontario. If you live elsewhere, the law may be different. Click on the underline and you'll go to the source.

You can file for an interim custody order of the kids and also for exclusive possession of the family home.

"The family home (also known as the "matrimonial home") is dealt with separately from other property by the law. The family home is defined to mean anywhere the family has lived -- a house owned by the family, a rented apartment or house, a mobile home, even a tent if that is where the family has lived are all considered "matrimonial homes." Particularly where there has been violence in the relationship, the victim of that abuse (almost always the woman) is likely to be allowed to remain in the home, regardless of whose name is on the deed or lease. The issue of dividing up its value will be dealt with separately."

Call your local woman's shelter (#s are also right in the front of your phone book) who can likely arrange for a free legal consultation with a family lawyer. Generally, those referred from shelters tend to be aware of family violence issues.

While the info I provided is more geared to wives than children, abuse is abuse. It's wrong.

I hope this helped somewhat,
diannarchy
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Old 09-05-2008, 09:12 PM
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Default Domestic Violence Lawyers

I found my lawyer through the women's shelter and I think he has stopped listening and representing my best interests. I got a list from an Abused Women's Help Line I found on the internet, and I hope these guys are better than the last guy.
Best of luck to you, my dear. I never thought I'd have to fight an abusive hubby and my lawyer at the same time.
XDH got residential custody of the kids. How do ya like that? They're using the "nuts or sluts" defense and have made everybody in the process think I'm nuts.
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