Domestic violence is any act of physical, psychological, sexual, emotional or economic violence, as well as the experience of such violence, as well as the forcible limitation of privacy, personal freedom and personal rights, who are in a family relationship who are or have been in a family relationship or in a factual cohabitation. The criminal defense lawyer toronto is here to provide you the right services you need.
Mental and emotional violence against a child is also considered to be any domestic violence committed in his / her presence.
Protection from domestic violence can be given to any person who has suffered domestic violence committed by: a spouse or a former spouse; a person with whom he has lived or lives on a marital basis, a person of whom he or she has a child; ascending; descending; a person with a collateral kinship up to the fourth degree inclusive; a person with whom he / she is or has been in a relationship by marriage to a third degree inclusive; guardian or foster parent; ascending or descending of the person with whom he / she is in a real spouse’s cohabitation; the person with whom the parent is or has been in a factual cohabitation.
An application for protection against domestic violence may be filed by the injured person if he or she is 14 years of age; by a brother, sister or person in direct relationship with the injured person; by the guardian or trustee of the injured person; by the Director of the Social Assistance Directorate, where the injured person is a minor, is placed under guardianship or has a disability.
The application should be submitted at the latest within one month of the act of domestic violence. The application shall be submitted to the district court at the permanent or current address of the injured person. A writ of the same shall be served on the opposite party, together with the summons for the consideration of the request in open court.
Particularly in the case of domestic violence is that acts of violence in the majority of cases are carried out in a family environment, which is why there are usually no witnesses – direct witnesses of what happened, indicating that it can be clearly demonstrated what exactly has happened, so the legislator has provided a special way of proving the commission of domestic violence.
These are such cases that must immediately be reported to the authorities and a case that must be run by a professional lawyer so that the victim can get the best services they deserve and be protected making sure that he/ she does not get attacked again. Women are mostly the main victims of domestic violence but men are not excluded too. It is wrong not to share this case with the authorities and suffer the torture every day.
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