5. Gather evidence if needed
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Family Law - Partner abuse
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Government of Canada
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Will I be forced to leave Canada if I leave my abusive partner?
5. Gather evidence if needed
The types of evidence you need depends on your situation.
For example, you might need to prove abuse or neglect as part of your application to stay in Canada on humanitarian and compassionate (H&C) grounds. There can be many reasons to make an H&C application. Each situation requires different evidence.
Evidence of abuse or neglect
There are many types of partner abuse. Your evidence might include:
- records of 911 calls
- criminal charges, bail conditions, or terms of probation
- evidence that your partner did not follow a family court restraining order in the past
- hospital reports, if you went to the hospital for treatment after an assault
- photographs of injuries
- evidence your partner stalked you after you separated
- emails, letters, text messages, voicemails, or social media posts that show abuse, violence, control, or harassment
- documents from a Children’s Aid Society that show how they’ve been involved with your family
You can also get other people to give evidence for you, such as:
- your family doctor, if you talked to them about the abuse
- your religious leader, if you turned to them for support
- your employer or co-workers, if they witnessed abuse, violence, or harassment
- friends, family members, or neighbours, if they witnessed abuse, violence, or harassment
- school teachers and day care workers, if the children spoke about or showed signs of abuse at home
- shelter workers, therapists, or counsellors, if they have helped you
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Reviewed: August 31, 2017