In a scathing divorce judgment, a judge accuses a law professor of exercising “judicial violence” against his ex-spouse, a little-known concept, which is one of the many forms of coercive control he employed . The magistrate also orders him to reimburse her for the numerous lawyer bills that she had to pay, inflated by her ex-husband’s “endless” requests before the courts.
When we talk about domestic violence, we more spontaneously think of beatings and threats, but this judgment rendered last month by Judge Marie-France Vincent, of the Superior Court, specifically names and highlights this less common form. known to coercive control: judicial violence.
It occurs when a person uses the courts to continue to maintain dominance over their ex-partner, in order to regain control that was lost at the time of separation.
“The gentleman’s behavior continues by abusing the justice system by producing a multitude of requests. Monsieur continues his control over Madame through his endless procedures […] He notifies proceedings almost every week, writes the magistrate in her judgment dated October which was first reported by the legal magazine Law Inc.
“Sir exercises judicial violence. »
In this case, this was not the only form of violence that the young woman suffered: the judge noted that the “psychological, physical, economic and sexual violence exercised by the gentleman” did not stop after the breakup. As this is a family law matter, it is prohibited to reveal the identity of the spouses.
The couple, childless, were married for only ten months. After the breakup, the woman filed a divorce petition, alleging that she was a victim of domestic violence. It is “unequivocal” according to the judge. Madame filed a police report after the separation, and charges of assault, sexual assault and criminal harassment were brought against her ex-husband.
The only property they had in common was a car and a condominium. The divorce should not have been complicated, emphasizes the judge.
“But the reality is quite different. »
“This case has taken an unimaginable turn due to the behavior of the defendant,” summarizes the judge, who lists more than 45 hours spent before various judges, divided into more than 17 hearings, “dozens and dozens of orders”, a attempt to have the lady’s lawyer declared incompetent, a civil action taken by the gentleman against her and her lawyer (for $273,000), six appearances before the Court of Appeal, more than 1,100 emails from the gentleman to the lady’s lawyer , the production of 278 documents by the gentleman (compared to 38 for the lady), and two requests for recusal of the judge assigned to the case. He tried to have the woman convicted twice for contempt of court. The gentleman did everything to prevent the work of the broker responsible for the sale of the property, and even threatened him with criminal prosecution, the judge details in her decision.
“All this for a ten-month marriage,” she emphasizes. “Almost all” of the gentleman’s requests were rejected. He was also declared a “litigator subject to authorization” in May 2023, meaning that the Chief Justice must authorize his requests before they can be filed before the Court.
“Their relationship began in March 2019 with affection behind which the true face of the defendant was hidden. “Monsieur quietly manipulates Madame into doing what he wants with her,” describes the judge.
She gives these examples: while the lady is pursuing demanding professional training, he requires her to reread and correct her master’s work. He wakes her up at night so that she can “help him fall asleep” by masturbating him. She reports a full sexual relationship without her consent. He alienates her from her family and friends and has fits of jealousy when a work colleague simply offers her a cup of coffee.
A little-known form of violence
Judicial violence exists, “but it is hidden more often than not,” said M.e Justine Fortin, director of domestic and sexual violence programs at Juripop. Because at first glance, it doesn’t appear, she says: we see a citizen asserting his rights before the courts.
But when we dig deeper, that’s where we can see that the objective of legal procedures is to maintain control over the other, to harm them and even to impose retaliation for the breakup, she explains. . It also aims to “financially exhaust the victim so that they give up their rights”.
“In post-separation violence, the pattern of violent behavior does not disappear, it only changes. » Then, when there is a legal debate, “the courts become a vector for the perpetration of this violence”.
This is why this decision is “a step forward”: the description given of judicial violence and the positioning with regard to the unacceptability of this behavior are important, comments the lawyer.
Money matters
The gentleman also demanded various sums of money. These requests were described as “far-fetched” or “without legal basis” by the judge.
For example, he asks that Madame be ordered to pay him some $25,000 for the hiring of research assistants for three years, because “she is no longer present to review her work. » He demands compensation since she did not transfer her tax credits to him when she was a student. But above all, he asks the Court to order income sharing for the next ten years, because the lady will earn a very good living.
“His demands are a continuation of his intimidation of Madam. He is incapable of accepting separation and being told no,” the judge wrote before rejecting these claims.
Without the gentleman’s repeated procedures, the divorce would have cost the lady $5,000 in lawyer fees and not more than $100,000, estimates the magistrate, who therefore orders her to reimburse her $95,000. Gentleman, who is also a lawyer, represented himself.
And as the young woman experienced stress, anxiety and shame at having to recount the abuse she suffered (sexual assault, kidnapping and acts of physical violence), the judge awarded her $10,000 in moral damages, in addition to punitive damages in the amount of $12,500.
The professor appealed this judgment.
Need help ?
If you are a victim of domestic violence, you can call the SOS domestic violence emergency line at 1 800 363-9010.