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Subscribe to this list via RSS Blog posts tagged in domestic violence Can Unconscionable Behaviour Disentitle a Dependant to Support?

Posted by Matthew J. Rudy on Sunday, 10 July 2016 in Child Custody and Visitation Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”).[1] The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

By way of background, claims for dependant’s support are governed by Part V of the SLRA. Within Part V, section 57 contains the definition of a “dependant,” which includes the spouse of the deceased. The definition also provides that the deceased must have either been providing support or been under a legal obligation to provide support to the dependant immediately before his or her death.[2] Section 62 of the SLRA contains an extensive, but not exhaustive, list of factors the court will consider in determining the amount and duration of support to be awarded to a dependant. Section 62(1)(r) contains factors considered specifically for a dependant spouse, and subsection (i) therein contains the phrase “a course of conduct by the spouse during the deceased’s lifetime that is so unconscionable as to constitute an obvious and gross repudiation of the relationship.”[3] This leads to the first question that a disinherited spouse might have: what will be considered unconscionable conduct sufficient to preclude or lessen the amount or duration of support awarded?

Tagged in: child support custody divorce domestic violence family law
Hits: 1913 Reforming divorce: Changing laws to preserve families Featured

Posted by Matthew J. Rudy on Tuesday, 01 April 2014 in Divorce

Even when her husband packed his bags and stomped out of the house, vowing to marry the woman he was having an affair with, she stood her ground.

For five years, she clung to the vows they had made nearly 20 years and two daughters before in the Madison Avenue Baptist Church in downtown Manhattan as her grandfather officiated.

Tagged in: children divorce domestic violence
Hits: 2783 Domestic Violence and Child Custody Featured

Posted by Matthew J. Rudy on Tuesday, 25 March 2014 in Domestic Violence Becoming a witness of domestic violence and growing up in a volatile and disturbing family environment can have a dreadful impact on the psychological development of a child. Hence, the issue of child custody in situations that involve domestic violence is one of great important.

Tagged in: children custody domestic violence
Hits: 2864 Domestic Violence Restraining Orders

Posted by Matthew J. Rudy on Thursday, 16 May 2013 in Domestic Violence

Previously we provided statistics with regards to the prevalence of domestic violence. Today our focus is on the process for obtaining a domestic violence restraining order pursuant to California’s Domestic Violence Prevention Act (DVPA) as set forth in Family Code §6200, et seq.

A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. Requirements for a domestic violence restraining include:

Tagged in: blog california court domestic violence restraining order
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Hits: 4195 Domestic Violence in California

Posted by Matthew J. Rudy on Friday, 11 January 2013 in Domestic Violence

The U. S. Department of Justice, National Institute of Justice and Centers for Disease Control and Prevention reported that nationally nearly one in every four women are beaten or raped by a partner during adulthood. The report further stated that 1 in 6 women and 1 in 33 men have experience an attempted or completed rape. These issues are a problem throughout the country including in California. The statistics that follow highlight the extent of the problem in California.

Abuse in California – Rates of Domestic Violence

Tagged in: blog californa domestic violence family law statistics
Hits: 6124 10 Celebrities Who Were Victims of Domestic Violence

Posted by Matthew J. Rudy on Thursday, 15 November 2012 in Domestic Violence


Domestic Violence comes in many forms; emotional, physical and financial, and it can be perpetrated by either partner in a relationship. Instances of abuse happen more often than we would like to think. According to the Domestic Violence Resource Center, “one in four women has experienced domestic violence in her lifetime.” Statistics of men’s abuse is scarce as men are less likely to verbalize the abuse, due to cultural norms. Many celebrities have been victims as well. In the wake of a well-publicized recent incident involving Hope Solo, of the U.S. Women’s National Soccer team and her fiancé former NFL tight end Jerramy Stevens, here is a list of 10 celebrity victims of domestic violence:

Tagged in: blog celebrity domestic violence family law list
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