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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-01-2021, 02:01 PM
helenj helenj is offline
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Default Staying of Charges impact on Family Court

Hi all,

There are some criminal charges that may be "stayed" or dropped due to a technicality/mistrial (late evidence and long delay since being charged). These charges include assault/uttering death threats.

Since no verdict will be given from the criminal court, How would this play out in Family court if one is trying to get shared parenting? Would the matter need to be played out in Family court on a balance of probabilities?

Are there any CanLii cases anyone can provide so we can read on it?

Thanks
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Old 04-01-2021, 02:22 PM
Kinso Kinso is offline
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It will play out in family court in a balance of probabilities.

Dismissal, acquittal, or withdrawing criminally does not mean the family court is bound by the decision. It is possible to be found not-guilty in criminal court AND that one did commit the assault in family court.

Interestingly the reverse is different, if found guilty in criminal court it's basically proof for family court.
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Old 04-01-2021, 05:54 PM
rockscan rockscan is offline
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You may also want to consider the reasons behind the decision in criminal court. Getting off on a technicality doesnt suddenly mean you are not guilty of what happened. Your ex could still argue you were charged (enough evidence to charge you) and are still a questionable influence.


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Old 04-02-2021, 01:56 AM
seeker101 seeker101 is offline
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Speaking from personal experience, even a criminal charge can and will be used against you by the other party in family court.

I felt family court judge didn't really address the issue until a resolution was reached in the criminal court.

Typically, a criminally charged person might be ordered to do supervised visits. After a few visits indicating there are no safety concerns, those visits can become normal even if criminal charges are still pending.

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Old 04-04-2021, 02:41 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by seeker101 View Post
Speaking from personal experience, even a criminal charge can and will be used against you by the other party in family court.

I felt family court judge didn't really address the issue until a resolution was reached in the criminal court.
Also speaking from personal experience. Agree with this. Family courts prefer to see a resolution of the criminal charge.

But if your resolution is a mistrial or stay of the charges to delay....doesn't sound too convincing.

Also if OCL is involved- their report can proceed ahead of criminal resolution; which usually doesn't work out well for the alleged perpetrator.

OCL recommended in my case that supervision wasn't removed until father's therapist said he wasn't a threat to child AND mom anymore.
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Old 04-12-2021, 10:27 PM
helenj helenj is offline
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So how do I address her allegations in Family court? She's accused me of every thing imaginable in the book. IF it is a stay of charges because it took too long, how do I go about it in Family Court? Does she need to be cross-examined in family court?

Mind you, she was cross-examined in criminal court as well but on the last day some technicalities arose. So we got some testimony out of her.

Any CanLii articles/thoughts would be appreciated.
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