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Anonymous Asked:

my.husband and I have been married for a little over 2 years now. things have been rocky the entire time. I've asked countless times to go to counciling and he refuses. he's been avoiding coming home when he is home he lashes out n scream at me over everything and anything nothing seems to please him. would this classify as abuse? I'm not physically hit or anything when he lashes out but I do fear for our sons safety when things get thrown. what are my options if any

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A Family Lawyer
7 years ago

Interesting question. There is extensive legislation and case law that abuse and spousal conduct is not relevant to family law issues. However, the consequences from abuse are definitely relevant to spousal support issues. For example, if abuse triggered an inability for employment. The focus is on the consequences of the misconduct and not the attribution of fault. One ground for divorce is cruelty, but the entire relationship must be assessed and the evidence must be to a certain standard. Its best to further consult with a lawyer on these issues. Outside of family law issues, you also want to look into community resources available, including counselling and ensure that you have a safety plan in place. Women's Community House, etc. would be an invaluable resource in these circumstances. You may need to contact the police if concerns for safety issues are further escalated and at no time permit your son to be in the mix of his tantrums. It's better to ensure your son's safety then it is to stay and attempt to focus on calming him down.

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