Why You Need a Domestic Violence Attorney in Canada?

In an abusive relationship, domestic violence happens in almost all broken family cases. In the first few times, the victim tries to adjust to the situation and move on with their marital life. But this doesn’t seem right. If you need an immediate support for your safety, then don’t hesitate to contact with our best domestic violence attorney.

It should be normalized that you should take action not to happen again if you see one red flag immediately. If it does, then take the initial legal steps so that you and your children stay safe from the abuser.

A domestic violence attorney who has expertise in the family can help you with this issue. Before taking this in court, you must contact an experienced lawyer. Take every step as he/she suggests.

Domestic Violence Attorney in Canada

Nowadays, domestic violence is a common event in almost every lousy marriage. Not every case is listed, but you should know when to take things into legal terms.

According to a 2005 Statistics Canada survey, 7% of Canadians reported experiencing family abuse in their marital or common-law marriages in the previous five years.

A former partner in a previous partnership was responsible for 21% of women and 16% of men suffering family abuse.

Domestic violence can happen in both periods- when you are in the relationship or left the relationship.

After the separation, it can be a matter of risk for your life or children.

Since almost half of women who leave violent marriages say the abuse occurs after they separate, family law lawyers must have a clear understanding of the complexities of domestic violence.

And that is why a domestic violence attorney in the respective field can help you save your family from the abuser and also give you justice in a shorter possible time.

What is Domestic Violence?

Domestic violence is described as aggressive behavior to the current or ex romantic partners. One partner attempts to assert power and control towards the other partner by instilling fear in the mind.

Abuse can take place in many forms. Domestic violence can be physical, sexual, mental, social, verbal, moral, and financial.

In terms of assault, men and women both can be the victims of this kind of crime. The majority of men are not offenders.

There are, moreover, gendered variations in the perpetration and victimization of crime.

Generally, women are to be the victims of domestic abuse than men. It may result in extreme cases, both hospitalization or death.

Types of Domestic Violence

There are four main types of domestic violence in general. They are-

Type 01: Physical Abuse

In domestic violence, physical assault is the most common case recorded in the past years. It is used to injure the other partner through force or power (for example, a punch or a kick, choking, slapping, forcing you to use harmful drugs, etc.).

The accident, on the other hand, does not have to be serious.

E.g., if the attacker slaps you a couple of times, the bruises are minor and do not necessitate a trip to the hospital. Still, it is counted as punishable domestic violence.

Type 02: Emotional Abuse

The loss of a victim’s sense of self-worth due to frequent insults, humiliations, and other forms of violence is referred to as this type of abuse.

Emotional abuse is a complex type of abuse because, most of the time, the victim doesn’t understand it.

In most cases, on the surface level, it seems to be reasonably expected in abusive relationships.

Type 03: Sexual Abuse

sexual harassment can also happen in an abusive relationship. It encompasses abuse and sexual misconduct, and violence, such as unwanted contact and other degrading behaviors.

Many victims are unaware of how common sexual harassment is defined. Not just forcibly conducting physical relations. In small cases.

Such as if you’ve ever been pressured into not using contraceptives, such as avoiding using a pill, a condom, an IUD, etc., or had a forcible abortion.

For example, you might have potentially been coerced. It is called reproductive coerce.

Type 04: Financial Abuse

For example, it can happen in many types, the male partner depriving his partner of the opportunity to receive an education or achieving a career.

In joint accounts, after a separation, financial exploitation is widespread.

The abuser gets a chance to abuse the other is when the victim is dependent on the abuser.

Sometimes, regarding child custody or blackmailing for the child’s upbringing, financial abuse can happen.

What do domestic violence lawyers do?

Lawyers will help with family law issues in general. Not only that, the domestic violence lawyers will have advanced expertise or practice with dealing with domestic or family violence.

They will use this expertise to ensure that the matter is appropriately handled and conveyed in legal materials and pleadings.

They are well-aware of the long-term consequences and function of domestic or family violence.

What can you do if you have experienced or are experiencing domestic violence?

Significantly, if you or your children are in danger, the first thing you should do is- make urgent arrangements to get to a safe place as soon as possible.

Have a detailed record of all that they have done with you. Even if you are not sure, try to keep all of the days when the abuse happened.

A lawyer who is experienced in this field will assist you with determining what you need to record.

You should go to the court and file for an FIR for a Restraining Order if you are concerned about the risk factor of the children attached to the case.

You can get help from domestic violence lawyers, or you can represent yourself in court. If the risk factor is not that critical, try telling your prosecutor about the domestic abuse in detail.

They will know what step you should take against the abuser.

How to handle when the alleged is your client?

Firstly, the lawyers will inquire whether the client has a history of domestic abuse ever. In family abuse cases, lawyers have to save themselves from being abused or regulated by their clients.

They must determine whether a lawsuit is being used to maintain a power and influence pattern over the other partner.

Just 11% of domestic violence allegations go to a trial, 8% of cases end in guilty verdicts.

10% of the cases are dropped with mutual understandings, and 1% of cases stay on hold for future investigations.

Final thoughts

If you fear that you are in danger, talk to your local domestic violence lawyer as soon as possible. Their appointment might be a little bit expensive.

But no amount of money can be expensive before you and your family’s mental and physical health.

Be cautious regarding your adjustment and tolerance. Learn when to stop!

FAQ

How are domestic violence cases handled in Canada?

What is the charge for domestic violence in Canada?

For a summary conviction, the sentence could be reduced by up to two years every day (minor offences) If the Crown decides to use an indictment, up to five years (serious offences) For sexual assault or assault that results in physical harm, a maximum of ten years.

Can assault charges be dropped by the victim in Canada?

In Canada, accusers cannot request that their victims dismiss their allegations. But what they say might sway a prosecutor. Charges are dropped by prosecutors when they believe that doing so would not serve the public interest or that there is little possibility of success.