1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Emotional abuse - how can I prove it?

Anonymous Asked:

My husband withholds love from me and he excessively views pornography. He is mean to me and the kids but has never hit me. I have now 'caught' him on Web sites for meeting other women who want to have sex..some sort of 'hook up' Web sites. All of this and more has caused me great emotional distress. Is there such a thing as 'emotional' and 'mental' abuse? Or is abuse only physical? I don't want to cause the kids the pain of divorce & because I feel I would have to leave them alone with him if divorced I stay with him. It seems like wether I stay or leave I loose. He drinks & drives and over drinks so I am afraid to leave the kids alone with him for their own safety. But how do I prove any if this? He says to me... "prove it" "good luck proving that" and so I feel trapped in this very unhealthy marriage. The thing that made me feel the worst was when he told me "you are completely useless" infront of the kids. I'm more afraid to leave then I am to stay mostly because I don't trust him alone with the kids..due to the things mentioned above. If he is abusing me is he right..would I have to prove it to make sure the kids wouldn't be alone with him if divorced?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
8 years ago

Your questions require answers that are too lengthy for an email reply. You need to meet with a lawyer for a consultation to address these issues. Summarily though โ€“ yes the courts and the law recognizes Emotional, Verbal, Financial and Physical Abuse. If he is abusive to or in the presence of the children such that it would not be in their best interests to be left alone with him, then the court can order that his access be supervised or otherwise.

As far as โ€œproving itโ€ evidence in court is primarily your testimony under oath โ€“ either in person or in a sworn affidavit. The judge then โ€œweighsโ€ the evidence of both sides and as long as one side โ€œtips the scalesโ€ then they have met the burden of proof โ€œon a balance of probabilitiesโ€ (which means that as long as the judge is able to decide 51%or more to 49% or less to one partyโ€™s side then he is able to make whatever orders he thinks is best.

Latest Questions Asked:

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

DC Icon

How to Not Pay Spousal Support in Canada

Introduction Divorce can be a challenging and emotionally draining process, and one of the most contentious issues is often the payment of spousal support. Many individuals going through a divorce wonder, "how to not pay spousal support in Canada?" Whi ...

DC Icon

Divorce Lawyer for Business Owners: Protecting Your Business and Assets

Divorce is a difficult and emotional process for anyone, but it can be particularly challenging for business owners. The division of assets and determination of spousal support can have a significant impact on the future of a business. That's why it's ...

DC Icon

Divorce Lawyer For High Net-Worth Individuals

High Net Worth Divorces: Navigating the Complexities and Protecting Your Assets Divorce is never an easy process, but when it comes to a high net worth separation and divorce, the stakes are even higher. Unlike the average divorce, high net worth divor ...

DC Icon

Applying for Emergency Custody: When & How (Step-by-Step)

Introduction The process of divorce can be emotionally taxing and often presents numerous legal challenges, especially when it involves children. One area of particular concern for parents is the matter of emergency custody, where a parent seeks immedi ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x