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Menchella v. Menchella - Text messages constituting "violence"

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  • 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)

  • #2
    From the judgement:

    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.

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          Comment


          • #6
            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, 01:28 PM.

            Comment


            • #7
              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

              Comment


              • #8
                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!

                Comment


                • #9
                  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)

                  Comment


                  • #10
                    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!!

                    Comment


                    • #11
                      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
                      How the hell did you find that? 59 likes, 3 dislikes (one mine)...

                      Comment


                      • #12
                        On a more serious note, I once received 39 calls until 4 o'clock in the morning from my ex... tell me that's not annoying.

                        Criminal Code

                        Harassing telephone calls
                        (3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.

                        Comment

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