Saturday, August 4, 2012

Domestic violence discussion - Ottawa Divorce .com Forums

Quote:

The articles you've linked to emphasize that men resort to physical violence in MUCH greater proportions than women. (roughly 95% to 5%) What does that have to do with your question about false allegations? On the surface, it would appear that they are not fictitious.

False allegations of intimate partner abuse are psychologically abusive and demonstrate the person raising them's desire to "gain control" (or an upper hand) in matrimonial disputes.

Shaw v. Shaw, 2008 ONCJ 130 (CanLII)
Date: 2008-03-25
Docket: 34/08
Parallel citations: 62 RFL (6th) 100
URL: CanLII - 2008 ONCJ 130 (CanLII)
Citation: Shaw v. Shaw, 2008 ONCJ 130 (CanLII)

Really great read about how people attempt to use false allegations with the police to gain an upper hand in matrimonial disputes. Despite this being a highly cited case, well known to justices and subsequent case law identifying these truisms... Negative advocate solicitors continue to run down this path now citing "psychological abuse".

Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII)
Date: 2011-11-09
Docket: F-2172/09
URL: CanLII - 2011 ONSC 6451 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 6451 (CanLII)

This case law is a prime example of abuse and the resulting costs decision really rings true to the reality of the costs of false allegations of intimate partner abuse:

Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)
Date: 2011-12-16
Docket: F2172/09
URL: CanLII - 2011 ONSC 7476 (CanLII)
Citation: Izyuk v. Bilousov, 2011 ONSC 7476 (CanLII)

Good Luck!
Tayken

Source: http://www.ottawadivorce.com/forum/f12/domestic-violence-discussion-12698/

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