The Intersection of Criminal and Family Law |

The #AskAndrew Program with Andrew Feldstein
The Intersection of Criminal and Family Law
Guest: Sheldon Wisener, Wisener Law Criminal Defence
ABOUT SHELDON WISENER:
Getting arrested or charged with a crime can be a frightening and confusing experience with very serious consequences. Sheldon Wisener has been defending clients facing a wide variety of criminal charges and has conducted trials in all levels of court. He was called into the Bar in 1986, and is a former Director of the Criminal Lawyers Association of Ontario. Sheldon Wisener was appointed to the Personal Rights Panel of the Office of the Children's Lawyer in 2003, and is a member of the board of Directors of York Region Law Association. Mr. Wisener has been a part-time Assistant Crown Attorney in Newmarket since 1999, and is highly respected by judges, crown attorneys, and colleagues.
Sheldon Wisener is dedicated to fighting aggressively on your behalf and approaches each case as if it is his only case.
He has successfully defended persons charged with virtually every type of criminal offence including murder, aggravated assault, domestic assault, assault with a weapon, sexual assault, robbery, break and enter, theft, fraud and drug trafficking for over 25 years.
Wisener Law Criminal Defence
7626A Yonge Street
Thornhill, ON L4J 1V9
Presented by Feldstein Family Law Group P.C.
Tel: [phone]
Website: www.separation...
Office Locations:
- Markham
- Mississauga
- Oakville
- Vaughan
ABOUT ANDREW FELDSTEIN:
Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
Through the years, Andrew has demonstrated his skill and commitment to his clients. In 2010, he was honoured with an inaugural appointment to the Dispute Resolution Officer (DRO) Panel for Newmarket. This appointment was made by the Senior Family Justice for Ontario (The Honourable Madam Justice Mary J. Hatton) and the Regional Senior Judge for the Central East Judicial Region of Ontario (The Honourable Mr. Justice Michael Brown). Lawyers appointed to this Panel function to support the family law court process by aiding couples in attempts to resolve their issues before their case proceeds before a Judge. Andrew was selected for this appointment because of his vast experience with and successful ability to resolve complex family law issues using alternatives to the traditional court methods, including the collaborative family law process.
Andrew actively supports current law students, education, and the legal profession by volunteering as a mentor for the Osgoode Hall Law School Mentor Program. His ongoing dedication to the students of Osgoode Hall Law School has resulted in extremely positive student feedback. Andrew is the Chair of the Articling Committee at Feldstein Family Law Group.
The #AskAndrew program appears LIVE monthly on the Feldstein Family Law website, Facebook page and TH-cam Channel.
Produced, edited and broadcast by Robert Hix with Hixvideo in Gaithersburg, MD.
/ hixvideo

[@sstorm1328]

More interviews like these! This was good....

[@sstorm1328]

I ve been helping a friend with a separatiin/divorce (one young child) following domestic violence that did not end with her in hospital, just 2 or 3 instances of cuts, bruises and strangulation marks on her neck. She had photos, neighbour who heard her screams, me who saw the marks and was texting with her immediately following one of the scarier moments, and who offered her and the child refuge for a week at my place afterward. Hoping for the situation to calm down, we prepared a statement for police, but made no report immediately, because we did not want him in trouble with the police, and did not want more ill will.
We are in Alberta, where the police do not lay charges unless there is hospitalization or unless you pay a lawyer I m guessing. Cops just tell you to get an EPO and that means maybe exclusive possession of the home but no charges.
Only after hubby changed the locks on home, invited his wife to return to house to get some clothes while he was gone camping with the kid on a weekend (with her consent), had a family member from out of province armed and waiting in hiding for her at the home with cameras rolling (hoping to get video of some violence probably in order to accuse her of something-he had plenty of experience with restraining orders etc and we had none)..... Only then did she report all to cops and then go get an EPO.... We had asked cops to attend the home before getting a locksmith to open the door and that was really smart, as the hidden relative tried to threaten locksmith with a knife and cops needed to intervene.
He also served her with an urgent hearing to get sole parenting just before the locksmith incident on the basis of lies saying she wanted to kidnap the kid and return to E. Europe where she had nothing waiting for her. He had everything setup to get her charged with a crime and get the home and sole parenting......
I spoke for her in court, and we asked for shared equal parenting and he repeatedly asked for sole.... And we got 90% parenting...probably because we were reasonable and he was a complete dick. But he got ample unsupervised parenting visitation.
Then a sex worker contacted us 6 months later.... He has been exposing the kid to a series of prostitutes, has sexually assaulted and battered sex workers while the kid was in the house, has bragged around town of his work in porn to same people he presents his child to, sleeps or takes drugged naps while leaving the kid in the care of sex workers, etc. Etc. Etc......
News flash to concerned parents: child services in Alberta will not open a file or get involved in any matter concerning a child if a parent makes a report to them.... Not if there is a family court parenting order in place. They will not get involved either even if a doctor or psychologist or teacher makes a report to them ... Not if there is already a court parenting order in place. If you get Child Services involved as a parent... Or make a report to them as a parent, and if a family court judge knows you did that, or if you tell the judge you made a report to Child Protection the judge will probably take away a lot of the parenting time from the concerned parent and might give the kid over to the parent who is endangering the child.
Judges are lawyers and and they do not believe women or mothers who are accusing fathers of anything. So do Not go to Child Services.... A study from an Ontario university revealed recently judges do NOT apply the clauses in the Divorce Act relating to the protection of the child to cases before them. They always disbelieve whoever makes the application and it is dangerous to try to protect a kid from a criminal father.... The mother might lose her parenting! Judges all believe that just because a father or mother is a criminal, he or she can still be a great parent. Not a problem if a Dad sniffs Coke in front of his kids.... Still a great Dad and will probably raise great citizens.
Luckily in our Case, we have the testimony of at least one prostitute and her 14 page affidavit... So. Maybe we can ask for supervised visits or no more overnight stays until or if the Dad can make promises, take classes, or do anything to demonstrate he is not wishing the worst for his kid. But we know it is a really risky proposition .....
I'm guessing we need to make a police report first. The police seem willing to lay charges on behalf of the sexual battery of the prostitute.... Maybe they might be willing to assist in protecting the kid from exposure to porn and sexual misconduct.
By the way, the wife 's EPO went to trial.. 100 pages of evidence, but we were only allowed to present 10 pages.... Photos. Witness affidavits. Police reports..... The judge never read a single word, did not allow the wife to testify or tell the court what happened.... He went straight to cross..... All she could do was stand still and deny all the accusations of the opposing lawyer none of them based on any evidence...... She had no lawyer due to the lawyer being too busy at the last moment. She presented the 3 criminal charges of breach of EPO to the judge and he literally threw back into the face of the court clerk..... And then he dismissed the EPO!!!!!! She must have asked the police 6 times to lay charges... Will never happen. If the Dad had not raped and sodomized the prostitute and if the girl had not reported it to police, and if she had not made it known to Crown prosecutor ... His charges of breach of Epo would have been dismissed and she would have no protection at all....
This guy has nothing but restraining orders against him from all previous women in his life (not relevant to family court).... Has plead guilty to rape of a minor when he was just under 18 (not relevant to fMily court)..... Etc etc etc. Boasts about his years working in porn industry to all and sundry...(mostly sex workers) . Presents his kid to the same people.....
Police here in Alberta rely on EPO to do their job... Not charges of domestic violence (I have heard that historic and ridiculous charges have been laid in some cases but I now tend to disbelieve it is possible...). .... Judges don t believe the women no matter how generous and naive the women are,.... Even I tended to disbelieve the women and all the accusations they make before living through this situation. I have not even told half of the worst of it here.

[@sstorm1328]

One last thing: if a client wants to get around the problem you guys mention about the communication of criminal evidence between lawyers... Tell your client to get a lawyer who can represent them both in criminal and in family court. Simple. The husband mentioned in my comment above has lawyer who represents him in Provincial criminal court as well as in family court. You guys need to be better qualified to do both.