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Can Income be Imputed Where a Payor Spouse is in Jail?

An Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse. The Parties’ Relationship The parties separated sometime in the first half of 2017, after approximately five years together. They had never married, but had two daughters, aged …

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Emerging Technologies and Domestic Abuse

The New York Times this week reported on the alarming phenomenon of domestic abusers using smart home technologies, including Wi-fi connected locks, lights, cameras, thermostats and speakers, as a tool in harassing, watching, and controlling their spouses or partners. Smart Home Technologies Used for Abusive Aims In recent years, technologies including digital assistants such as …

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Court of Appeal: Mother’s New Partner Cannot Participate in Family Counselling Because of Restraining Order

The Court of Appeal recently ruled on a situation involving complicated family dynamics, allegations of abuse, and a restraining order. The Court removed a condition in an order requiring a father to attend family counselling meetings with his ex-wife, her new partner, and the former couple’s children. The Court did not find these terms appropriate …

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Woman Sentenced to 60 Days in Jail After Falsely Accusing Ex-Husband of Attempted Rape and Domestic Violence

An Ontario woman, who falsely accused her ex-husband of a number of violent acts including attempted rape and domestic violence, has been sentenced to jail time. The woman claimed that her ex-husband broke into her apartment, threw her onto her bed, choked her repeatedly, threatened to kill her, and attempted to rape her several times. …

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Efforts Being Made to Provide Home Insurance Payouts for Victims of Domestic Violence

A recently introduced private members bill from Toronto MPP Mike Colle seeks to direct insurers to pay out claims for cases involving domestic violence. The Innocent Persons Insurance Recovery Act was introduced by Colle in the wake of a CBC investigation that exposed clauses found in some insurance company policies that nullify fire damage coverage …

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Domestic Violence and Invasion of Privacy: Serious Allegations Made During Divorce Proceedings

The Ontario Superior Court of Justice recently considered the appropriate amount of damages to award in a divorce matter involving both invasion of privacy and domestic violence allegations. What Happened? The parties in question were married in September 2010, and had one child in October 2011. The wife left the husband in April 2012 and …

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Domestic Violence & Restraining Orders: Legal Principles

We’ve previously looked at the topic of restraining orders, which, in the context of family court, are orders that prohibit the contact that one party can have with another.  A restraining order has to be requested by way of a motion, and the party seeking the order must provide affidavit evidence to substantiate the need …

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False Allegations During Divorce Proceedings

False Allegations During Divorce Proceedings Unfortunately, from time to time, when a marriage breaks down, some spouses take the dramatic step of making false allegations during divorce proceedings against the other spouse. Particularly during highly contested custody battles. To be sure, domestic violence is a terrible crime and continues to be a significant societal concern …

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Resources for Victims of Domestic Violence

There has been an increase in awareness of spousal abuse in the past twenty years, triggering certain social and legal responses designed to help victims. This article will explain the resources available to those who are dealing with domestic violence issues, including shelters and counseling services, as well as your legal options. Where to Go: …

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