Does The Court Have Zero Tolerance Against Crimes Such As Domestic Violence

We are witnessing the widespread occurrence of domestic violence in our society, which is reflected primarily in physical abuse by men as being stronger than women and often children, but also by psychological abuse occurring in various forms defined by experts in this field. and performed by both men and women. The courts have been tasked with complying with their own value judgments that prohibit domestic violence, first of all, and then define it as behavior that threatens one family member’s physical integrity, mental health or serenity of another family member. Also, the Supreme Court of Cassation case-law stems from the recommendation for courts dealing with family matters to take a zero tolerance for violence. The theft offence lawyer brampton is here to help you.

Against Crimes

Namely, when it comes to time limits for court action, of the Family Law, which generally prescribes the urgency of court proceedings in family matters, paragraph stipulates that family relations proceedings are urgent if they relate to a child or parent exercising parental responsibility the right.

The procedure for the protection of the rights of the child is particularly urgent and that the first hearing is scheduled to take place within eight days of the day the lawsuit was received in court. However, it is stipulated that before making a decision on the protection of the rights of the child or on the exercise or deprivation of parental rights, the court is obliged to seek the findings and expert opinion from the guardianship authority, family counseling center or other institution specialized in mediation. family relationships.

Unfortunately, the provision, which prescribes the duty of a court to seek an expert opinion, is, from the outset, a circumstance in which the courts find justification for the frequent and very grave breach of the legal deadlines cited above. Namely, when a court receives a lawsuit in a family dispute, whether it is entrusting a child, determining a model of seeing a parent with whom the child does not live or closest relatives, or domestic violence, the court does not, by letter of the law, sue the defendant for an answer, immediately sends a request to the competent center for social work, for submission of findings and expert opinion in the family matter concerned. This causes both parties to the court proceedings, both the prosecutor and the respondent, to lose contact with the court to which one party has sought assistance and a court decision, which will govern the subject matter in dispute. The matter is practically taken over by the social work center, which they often unsuccessfully addressed before filing a lawsuit, and now the court returns them to their old address. This also loses the authority of the proceedings, as citizens turn to the courts as instances of authority, primarily because they do not want to arbitrate themselves, and often to exclude any form of self-help, which, unfortunately due to the ongoing disputes between parents, is often transformed into violence. So, the citizens go to court to avoid violence, because they are aware that without the court, they are not able to solve their problem.

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