Domestic Violence

If you are experiencing or have experienced domestic violence, abuse, or coercive control in your relationship, you are not alone — and you have legal options that can protect you and your children.

At Soica & Associates, we provide compassionate, confidential, and strategically focused legal support to survivors of domestic violence across Ontario. We help you understand your rights, take immediate protective steps, and move toward a secure future with clarity and dignity.

If you are in immediate danger, please call 911. For confidential support, the Assaulted Women’s Helpline is available 24/7 at 1-866-863-0511.

How Does Family Violence Affect Family Law Proceedings in Ontario?

Family violence is taken very seriously by Ontario courts and has been given explicit statutory recognition since the 2021 amendments to Canada’s Divorce Act. Courts are now required to consider any family violence when making orders about parenting arrangements — including decision-making responsibility and parenting time. This is not a discretionary consideration — it is a mandatory factor in every parenting assessment where family violence is alleged.

Courts assess:

• The nature, seriousness, and frequency of the family violence — including physical, sexual, psychological, financial, and coercive forms
• Whether the violence was directed at the child or witnessed by the child, and the psychological harm caused
• Any steps taken by the person who engaged in violence to acknowledge and address their behaviour
• The physical, emotional, and psychological harm caused to the child and the non-violent parent
• The ongoing risk of violence and its impact on the ability of each party to parent safely

A history of domestic violence — even if it was never reported to police — is relevant evidence in family court proceedings. It can be presented through your own affidavit evidence and testimony, witnesseses, videos, recordings, medical or counselling records, photographs, and communications. Our lawyers will help you document and present your experience effectively, safely, and in a way that is strategically positioned for your specific matter.

Emergency and Protective Legal Orders

When safety is a concern, the law provides powerful tools that can be obtained quickly — in some cases on the same day, without advance notice to the other party.

Restraining Orders

Under the Family Law Act, a court can issue a restraining order prohibiting your spouse or partner from contacting you, attending your home or workplace, or engaging in specified conduct. Restraining orders can be obtained on an urgent basis. In cases of immediate risk, they can be granted without notice to the other party (ex parte) — meaning your abuser is not informed until after the order is in place. Violating a restraining order is a criminal offence.

Emergency Parenting Orders

In urgent situations involving the safety of a child, courts can issue temporary parenting orders on short notice to ensure children are in the appropriate parent’s care without delay. These emergency applications can proceed on an expedited basis and do not require a full hearing before relief is granted.

Exclusive Possession of the Matrimonial Home

Even if your spouse’s name is on the title, a court can order them to leave the family home and grant you exclusive possession — particularly where children are involved or where remaining in the home poses a genuine safety risk. Courts can make these orders on an urgent basis. This is one of the most protective tools available to survivors of domestic violence and should be considered early.

Peace Bonds and Criminal Process

In addition to civil family law remedies, the criminal justice system may be engaged. A peace bond is a court order requiring an individual to keep the peace and abide by specific conditions. Criminal charges may also be pursued where the conduct meets the relevant threshold. If your abuser is charged criminally, they will likely be under criminal court conditions to be away from you and your home. Our family lawyers work alongside criminal counsel where appropriate to ensure all available protective avenues are pursued simultaneously.

Domestic Violence and Child Custody: Can an Abusive Parent Get Parenting Time?

This is one of the most urgent questions survivors ask when seeking legal help. Under current Ontario law, family violence is a significant — and mandatory — factor in all parenting decisions. Courts will not automatically award equal parenting time in situations involving documented family violence. Possible outcomes depending on the severity and nature of the violence include:

• Supervised parenting time. Where some parenting time is deemed appropriate despite a history of violence, the court may require it to occur in the presence of a third party or at a supervised access centre.
• Conditions on parenting time. The court may impose specific conditions — such as prohibiting the presence of alcohol or firearms, requiring exchange to occur at a neutral public location, or requiring the violent parent to complete counselling — as conditions of any parenting time order.
• Denial of parenting time. In cases involving serious violence or ongoing safety risks, the court may deny parenting time entirely until an appropriate safety plan is developed and implemented.

Every situation is different. Our lawyers help you understand what outcome is achievable based on the specific documented history in your case and advocate for the arrangements that will keep you and your children safe.

Domestic Violence and Property Division: What You Need to Know

Domestic violence does not automatically entitle a victim to a greater share of property. Division of Property in Ontario for married couples is governed by the equalization framework under the Family Law Act regardless of the conduct of the parties during the marriage. However, violence and coercion can affect property division indirectly in important ways:

• Coercion or duress that led a victim to sign a marriage contract or separation agreement may be grounds to challenge the enforceability of that agreement
• A spouse who deliberately dissipates, damages, or deploys assets recklessly in anticipation of or during separation may give rise to an unequal division of property under section 5(6) of the Family Law Act
• Safety considerations may affect whether the matrimonial home is sold, transferred, or subject to an exclusive possession order
• Compensation for various torts that can lead from family violence, some of which are subject to the Supreme Court’s ruling in Ahluwalia v. Ahluwalia

Separating Safely: Legal and Practical Planning

Leaving an abusive relationship requires careful planning — both for your immediate safety and your legal position going forward. Some important guidance:

• Document everything, if it is safe to do so. Keep a record of incidents — dates, descriptions, any witnesses, photographs of injuries. This documentation is important evidence and cannot be recreated after the fact.
• Secure important documents. Gather copies of key documents — passports, birth certificates, financial records, insurance policies, property documents — and keep them in a safe location outside the home.
• Protect your digital privacy. Assume shared devices and accounts may be monitored. Use a private device to communicate with your lawyer and support services, and update passwords on personal accounts.
• Contact a family lawyer early. Legal advice before you leave provides the opportunity to plan strategically and to have protective orders ready to file as soon as you are safe. Our team offers confidential consultations and can act quickly when safety requires it.
• Connect with community support. Legal remedies work best alongside practical support. The Assaulted Women’s Helpline (1-866-863-0511) and local shelters provide immediate safety planning assistance alongside referrals to legal resources.

Alternative Dispute Resolution and Domestic Violence

Out-of-court processes — including mediation, collaborative law, and negotiation — are not appropriate in situations involving domestic violence or coercive control. These processes require a basic level of safety and balance between the parties that cannot exist where one party has used violence or coercion against the other. Our lawyers will always screen for these issues and will never recommend an out-of-court process where it would put you at risk. Court proceedings — including urgent motions — remain fully available and are often the only appropriate path for survivors.

Costs and Timelines

Emergency ex parte restraining orders: Can be obtained on the day of application in urgent circumstances.

Urgent parenting orders: Typically heard within weeks to months of filing.

Full contested parenting and support proceedings: 12 months to 3+ years.

Legal Aid: May be available for eligible survivors of domestic violence.

→ In domestic violence situations, speed is critical. Contact us immediately to discuss your options.