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

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  #1  
Old 08-20-2013, 02:03 PM
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Tayken Tayken is offline
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Default Allegations of child abuse in the context of parental separation: A discussion paper

Quote:
A person who knowingly makes a false statement to a police officer accusing another person of committing a crime (which would include any situation of child abuse) commits the offence of mischief, contrary to section 140 of the Code. If the false allegation resulted in a civil or criminal proceeding in which the person who made the allegation testified, other offences might be committed, including perjury (giving false evidence under oath, section 131) or making a false affidavit (section 138). If the accuser persuaded or misled the child or another person to make a false statement, this would be the offence of obstruction of justice (section 139).
(source of quote) 3.0*OFFENCES FOR FALSE ALLEGATIONS OF ABUSE AND LIABILITY ISSUES - ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER (2001-FCY-4E)

ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER

TABLE OF CONTENTS - ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER (2001-FCY-4E)

(Acknowledgements) ACKNOWLEDGEMENTS - ALLEGATIONS OF CHILD ABUSE IN THE CONTEXT OF PARENTAL SEPARATION: A DISCUSSION PAPER (2001-FCY-4E)

Very powerful paper still today and something all negative advocate solicitors and there HCP clients attempting to consciously deceive the courts and police or are possibly deluded in belief or delusional should consider.

A false allegation of abuse or criminal offence is abuse.

Montague, in the Guide to Custody and Access Assessments ( Toronto: Carswell, 1996) at 357 states:

Quote:
There is a gradient between the parent who consciously deceives and the one who is deluded in belief and whose accusation are built of several elements: personal history projected unto the relationship; shock and betrayal turned into malevolent mistrust of the other; aggression and hatred; fears based on regressed violent behaviour at the termination of the marriage; comments made in emotional turmoil; suggestibility enhanced by outsiders who are keen to find sexual abuse in men; wishes to denigrate, humiliate and punish the ex-spouse; distortion in thought processes in the mentally vulnerable parents who view their overreaction as protectiveness; and finally, a fervent desire to win a custody case and to be rid of the person forever.
Good Luck!
Tayken

Last edited by Tayken; 08-20-2013 at 02:08 PM.
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Old 08-20-2013, 06:37 PM
BitHunter BitHunter is offline
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Tayken,
In the real world it is (almost always) impossible to prove that the child abuse/domestic violence accusations are false.
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Old 08-20-2013, 11:40 PM
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BitHunter, lacking any real evidence aside from 'he said - she said' it is quite difficult to be found guilty and convicted.

Unfortunately, the accusation is often enough. Maybe the resultant accusation of mischief can balance the scales in Family Court.

We want results - not necessarily convictions.
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Old 08-21-2013, 05:53 AM
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Originally Posted by wretchedotis View Post
BitHunter, lacking any real evidence aside from 'he said - she said' it is quite difficult to be found guilty and convicted.

Unfortunately, the accusation is often enough. Maybe the resultant accusation of mischief can balance the scales in Family Court.

We want results - not necessarily convictions.
Brilliant answer... No further comment or clarification needed from me at this time.

Good Luck!
Tayken
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Old 08-21-2013, 05:58 AM
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Originally Posted by BitHunter View Post
Tayken,
In the real world it is (almost always) impossible to prove that the child abuse/domestic violence accusations are false.
In the context of a family law matter when abuse is claimed under Rule 24.(4) ("violence and abuse") there are ample examples of the allegations are deemed to be false. It is quite common that a court will order a change in custody from a parent whom makes repeated false allegations to the other parent.

I point you to:

CanLII - 2011 ONSC 6451 (CanLII)

After having posted 318 messages on this forum BitHunter I hope you have familiarized yourself with this jurisprudence.

Good Luck!
Tayken
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Old 08-21-2013, 07:52 AM
BitHunter BitHunter is offline
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Thanks Tayken, that's a wonderful case, I found it a long time ago. It is very similar to my case.
Yes, I need luck and until now I was very lucky that the first battle wasn't the last one for me in this war. Many people don't have a second chance to see any results after the false allegation.
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Old 08-21-2013, 03:25 PM
involveddad75 involveddad75 is offline
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Quote:
Originally Posted by BitHunter View Post
Tayken,
In the real world it is (almost always) impossible to prove that the child abuse/domestic violence accusations are false.
Not in the real world, I've done it, I have a letter from CAS that refers to the call as being not only false but malicious.

Last edited by involveddad75; 08-21-2013 at 03:28 PM.
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Old 08-21-2013, 03:29 PM
involveddad75 involveddad75 is offline
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Tayken, is there a PDF copy of that entire discussion paper available on the net I would love to get a copy of it to send to the CAS Lawyer.
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