Understanding Domestic Violence
Domestic violence is a serious social issue and one that causes the breakdown in families across Canada. It can manifest in any one of the following forms:
- Physical violence
- Emotional abuse
- Sexual abuse
- Economic abuse
Some of these example situations may not appear as abusive at first, however, they can deeply affect both spouses and children that are exposed to them. For any one of the above situations, a restraining order may have cause to exist against the offending party.
Lawyers Who Specialize in Restraining Orders
Restraining orders or Peace bonds are similar in that both limit contact between domestic abuse victims and the abuser through a court order. Another term for either of these is a “no-contact” order. Accordingly, a Justice of the Peace can issue a Peace Bond in cases where domestic violence is present between parties that affect a person or property.
Moreover, the issue of a Peace Bond does not identify any action as a criminal offence, however, disregarding, or not obeying one is. In scenarios where a restraining order becomes a matter of law, it is issued by the family court. This is due to the fact that it applies to disputes between spouses and ex-spouses as part of a separation or divorce decree.
Circumstances as to When It Is Appropriate to File Charges
As stated there are instances when domestic violence gives reason to divorce proceedings. As this may happen, there are times when it is not appropriate due to general hearsay. Allegations pointing to abusive behaviours can form out of what one of the parties feels is a viable approach to leave a marriage.
Understandably, at times when the police become involved in a domestic dispute at least one party is charged with the offence. This generally results due to an imposed or actual threat being present at the time the police have arrived. The outcome is not a very good one for either of the individuals involved. The reason behind this; here in Ontario the police are not allowed to reverse charges once they have been filed.
This means that the charges stand even when the alleged victim recants their story of the abuse or the threat. In this case, the accusing party is charged for filing a false report.
Consequently, this type of situation is damaging from a financial and reputation standpoint to all involved. At the law offices of AGB Lawyers, we have lawyers that specialize in domestic violence and abuse cases that are available to help manage all affairs that realate to this type of scenario. They understand fully that there are extenuating circumstances that lead up to certain outcomes that lead to legal confusion and points of contention between spouses and how criminal charges can affect separation and custody issues.