Not On Record REWIND | The Divorce Playbook: How Criminal Charges Start

In this Not On Record Rewind episode, Joseph Neuberger, Michael Bury and Diana Davison explore the growing intersection between family law and criminal law, and why defence lawyers must pay close attention to both. The discussion begins with a recent sexual assault trial arising from a high-conflict divorce and expands into a broader examination of how family court proceedings can influence criminal cases. Joseph and Diana analyze the Ontario decision in *Ahluwalia v. Ahluwalia*, which recognized a new tort of family violence and opened the door to significant damage awards within family law proceedings. The conversation examines how family court documents, affidavits, separation agreements, and discoveries can become powerful evidence in criminal trials. Drawing from real cases, the hosts explain how contradictions, financial disputes, allegations of coercive control, and competing narratives often emerge when family and criminal proceedings unfold simultaneously. They also discuss the importance of coordinating family and criminal defence strategies, the dangers of acting impulsively during separation, and why children are often the greatest victims when legal disputes become weaponized.