Domestic Violence and Family Law: Protective Measures in Ontario

If You Are in Danger, You Have Options

Family violence — whether physical, emotional, financial, or sexual — affects countless Ontarians every year. The legal system offers several protective remedies for survivors, both in the family courts and through criminal law. This guide outlines those options, explains how they interact, and provides practical information for anyone facing violence at home.

If you are in immediate danger, call 911. If you need confidential support, the Assaulted Women’s Helpline (1-866-863-0511) and the Victim Support Line (1-888-579-2888) are available 24 hours a day.

How Ontario Family Law Addresses Family Violence

The Divorce Act and Ontario’s Children’s Law Reform Act both define family violence broadly. It includes physical and sexual abuse, threats, psychological abuse, financial abuse, harassment, stalking, killing or harming an animal, and coercive and controlling behaviour. Importantly, exposure of a child to family violence — even if the child is not the direct target — is also considered family violence.

Courts are required to consider family violence when making parenting orders, with specific attention to its impact on the child and on the ability of parents to cooperate. Family violence can also affect spousal support, occupation of the matrimonial home, and the division of property in extreme cases.

Restraining Orders Under the Family Law Act

Restraining orders are a key protective tool in family court. Under section 46 of Ontario’s Family Law Act, a current or former spouse or common-law partner (cohabitation of at least three years, or a parent of a child together) can apply for a restraining order. The court can order the other person:

• Not to communicate with the applicant or their children
• Not to come within a specified distance of the applicant’s home, workplace, or school
• Not to come within a specified distance of the children’s school or daycare
• To leave the matrimonial home (exclusive possession order)

Breach of a family court restraining order is a criminal offence punishable by jail.

Peace Bonds and Criminal Protection Orders

Outside the family court system, the Criminal Code provides several protective orders:

Peace Bond (Section 810): A court order requiring a person to keep the peace and abide by specified conditions, including no-contact orders. A peace bond is available where there are reasonable grounds to fear personal injury or property damage. It is not a finding of guilt.

Bail and Probation Conditions: If your abuser is charged with a criminal offence, the bail and probation orders typically include no-contact conditions. These are often the fastest form of protection.

Restitution Orders: A criminal court can order an offender to pay restitution for losses suffered by the victim, including medical costs and damaged property.

Exclusive Possession of the Matrimonial Home

Under Ontario’s Family Law Act, the court can grant exclusive possession of the matrimonial home to one spouse — even if both spouses own it. The court considers factors including any history of family violence, the best interests of the children, and the financial position of both spouses. An exclusive possession order is one of the strongest forms of protection in family law.

Safety Planning

If you are preparing to leave an abusive relationship, careful planning can save your life. Key steps include:

• Gather important documents (ID, immigration papers, financial records, custody papers) and keep copies in a safe place
• Identify a safe place to go — a shelter, family member, or trusted friend’s home
• Save emergency money and a prepaid cell phone if possible
• Tell trusted people (your doctor, a friend, your employer) about the situation
• Identify how to safely use technology — abusers often monitor phones and devices
• If children are involved, plan how and when to leave with them

Family Violence and Custody

A history of family violence is one of the most important factors in parenting decisions. Even when violence has been directed at a parent rather than a child, courts recognize the harm caused to children who witness or are exposed to violence. Where violence is present, courts may:

• Award sole decision-making responsibility to the non-violent parent
• Order supervised parenting time
• Require the violent parent to attend counselling or anger management programs
• Restrict communication between parents to a structured platform like Our Family Wizard
• In serious cases, suspend the violent parent’s contact with the children entirely

Resources in Ontario

• Assaulted Women’s Helpline: 1-866-863-0511 (24/7)
• Victim Support Line: 1-888-579-2888
• Talk4Healing (Indigenous women): 1-855-554-HEAL
• ShelterSafe.ca — locate the nearest women’s shelter
• Ontario Network of Sexual Assault/Domestic Violence Treatment Centres: 35 hospital-based centres across Ontario
• Legal Aid Ontario Family Violence Authorization Program — emergency legal aid for survivors

Why This Matters to You

Survivors of family violence sometimes hesitate to seek legal help, worrying they will not be believed, that their abuser will become more dangerous, or that they cannot afford a lawyer. None of these fears should prevent you from getting the protection the law provides. There are emergency legal aid programs, confidential consultations, and protective orders available in hours, not weeks.

The Toronto family lawyers at Soica & Associates handle family violence matters with sensitivity, urgency, and the utmost confidentiality.This article is intended for general informational purposes only and does not constitute legal advice. Laws may change, and outcomes vary depending on individual circumstances. Please consult a qualified family law lawyer at Soica & Associates for guidance specific to your