When Can a Restraining Order Protect a Party in Family Proceedings?
March 6, 2023
Being charged with a crime is extremely stressful and can have an impact on every facet of a person’s life, from employment to family relationships. It can also make future prospects seem tenuous at best. If you have been charged with an offence, it’s important to consult with a skilled lawyer as soon as possible to determine your rights under the law and work toward finding the best possible resolution in your situation.
In high-conflict family disputes, incidences or allegations of domestic abuse are an unfortunate reality. In some cases, the conflict may lead to actual domestic abuse against one spouse or partner by another, whereas in other cases, a spouse may make a claim of abuse in order to influence the family law matter. In addition, an existing criminal matter unrelated to domestic assault may have an impact on a family matter involving parenting rights or access to the matrimonial home.
In each of these cases, the lawyers at Long Shariff & Associates work with clients to protect their safety, their reputation, and their family law rights as they may be affected by criminal issues or charges. If you have been the victim of abuse or unfairly accused of violence as part of an ongoing family dispute, we will act quickly to protect your rights. If you have been charged with a crime and require experienced and diligent defence, our team will work to protect your rights at every stage of the criminal law process, from the initial bail hearing through to trial.
Criminal charges, whether related to a family dispute or not, can have an impact on a variety of family matters, from parenting to the right to possess the matrimonial home. In many cases, it is necessary for a family law client to seek out a new lawyer to oversee their criminal matter. This is less than ideal, because of the potential impact of a criminal matter on the ongoing family dispute.
At Long Shariff & Associates, our clients appreciate that both issues can be managed by the same firm, with a lawyer whom they already trust. Our lawyers work with clients on a number of criminal issues, such as:
Being charged with a criminal offence, particularly a violent offence, can have a significant and long-reaching impact on family law matters such as parenting and even access to the matrimonial home. Family violence is an enumerated consideration under the Divorce Act when courts are considering parenting time, decision-making ability, or any issue impacting the best interests of a child.
Unfortunately, people sometimes make accusations of domestic violence against a former spouse specifically to influence the outcome of a family law dispute. A claim of violence may cause a court to award the accusing parent with exclusive parenting rights in the interim, while the criminal issue is addressed. Further, a person accused of domestic violence may be required to vacate the matrimonial home following a separation. While this may be rectified if the criminal charges are deemed without merit, a court may be unwilling to make significant changes to an existing parenting arrangement if there’s a chance it would cause too much disruption to the lives of the children involved. For this reason, it’s vital to work with a lawyer experienced in both family and criminal law to resolve these matters as quickly as possible.
At Long Shariff & Associates, we often work in tandem on both family and criminal matters for our clients, enabling us to manage each issue in consideration of the other. Clients appreciate that we have a full appreciation of the timing and evolution of each issue, giving us necessary perspective on how one may impact the other.
At Long Shariff & Associates, our team offers experienced criminal law defence to clients facing a variety of charges. If you have a concurrent family matter which may be impacted by a criminal charge, we will work with you to manage each issue simultaneously and effectively. Our lawyers are experienced litigators, as well as compassionate family law advocates, which gives us much-needed perspective on how the two areas of law intertwine.
If you have been charged or if you are facing a family dispute which may be impacted by domestic violence, unfounded allegations of criminal behaviour, or criminal charges, we will work to protect your rights and your safety. To review your matter with a member of our team, please reach out to us online, or call us at 905-591-4545.
March 6, 2023
February 6, 2023