If the harassment continues, you have several options. “There`s often a lot of conflicting evidence,” he said. “While it would certainly be desirable for lawyers and judges to receive more education about domestic violence, I think Canadian family law judges are doing a good job with the resources at their disposal| Survivors hope the new bill will raise awareness of domestic violence in the justice system: “When I started telling stories about my ex-husband`s abuse, the judge stopped me and told me it wasn`t relevant to parenting and he would ignore it,” Kagan-Viater said of her own experience with family court. Given the psychological and physical strain of divorce, it`s not uncommon for one parent to harass the other (or even the children) about parenting decisions, custody, child support, or visitation. In these cases, the parent who is not harassing may decide that the divorce agreement needs to be changed. This can be done, but there are steps you can take while the legal process takes care of itself. Attempted waiver in different courts (change of jurisdiction). Survivors also risk being charged with parental alienation or poisoning one child against the other parent if they reveal abuse in court. This may result in the loss of custody or a reduction in parental leave. For this reason, family law lawyers sometimes advise survivors not to talk about it. The father was given primary custody even though he had been accused of criminally harassing Anna, and was fired on the condition that he not approach her. Nicholas Bala, a professor of family law at Queen`s University, says courts often struggle to establish the credibility of the respective parties in conflicting separations. Legal abuse often accelerates around the time of separation, as it`s one of the few remaining ways your ex-partner can try to control and harass you.
During an exhausting rehearsal for his next court date, D ticked off an imaginary list and looked at me as if I were the judge hearing his case: “This is my testimony; Here are all the crazy emails and voicemails he left behind. What else do I have to give to stop this, so that I no longer have to see his face in court? After the protection order expires, D may have to return to the New York court to renew it – perhaps start the trial again – or risk her attacker following her with impunity. “Even if I had to leave New York, I think he. Check out the laws of the state and find a way to track me down,” D. said. Unfortunately, much of the responsibility for dealing with your ex-partner`s legal bullying falls on you. While family law and the court process offer solutions, judges are often reluctant to intervene, especially at the beginning of the case, until they have heard all the evidence. Abusive litigation is when someone uses the legal system to take power and control over you.
It is common in cases of domestic violence. Survivors and experts say it is good for children to spend a lot of time with both parents when there is no violence in the partnership. Judges recognize this and increasingly grant shared parenthood rather than single parenthood in cases that end up in court, according to a recent study from Queen`s University in Kingston, Ontario. However, other types of harassment – such as reprimanding children or spreading rumours to friends – are not necessarily illegal, but that doesn`t make them any less hurtful. And they can still be treated: they could even violate the custody agreement. Anna received an injunction against her ex-partner after he took her son away without her consent. But she said her lawyer advised her to drop it immediately because it would look like parental alienation in court. She was afraid he would take her son back, she said, but she did it anyway. Moy says she fears for D and other clients whose perpetrators use the legal system to harass them.
Her biggest fear, she said, is that “even after the legal part is over, they will never move on and start this process so they can recover.” When I met D in September, his next hearing date was scheduled for November. “I thought it would be a quick process,” she says, fists clenched. The outcome D`s hope for was a two-year protection order — the longest she could obtain under state law without “aggravating circumstances.” D hopes one day to leave New York, the city where she grew up, for another life where she can live comfortably with a well-paying job outside the city. It was her dream long before she met her ex, but now that she`s involved in this legal process with him, she may not be able to move or move on. Complete an affidavit – General (Form 45) with as much detail about harassment as possible. If possible, ask a friend or advocate for help. The form tells you what to do after you fill it out. Again, you should contact the police and your lawyer in case of physical violence. You will be able to inform the relevant authorities, such as child protection services, to help you remove children from a dangerous environment. A court may also issue an injunction against the abusive parent or grant exclusive use and possession of the marital home. If the police are not interested in prosecuting, you can also file a domestic crime application in family court. You can also get a protection order for this type of action.
If the motivation for bullying is related to children, you can also apply for an order requiring you and your ex-spouse to participate in joint parenting counselling. If you`d like to learn more, contact one of our lawyers today.