Family Violence

The Divorce Act defines family violence broadly. It includes: physical abuse (hitting, pushing, restraining); sexual abuse; psychological abuse (threats, intimidation, coercive control, harassment); financial abuse (controlling money, preventing work); killing or harming animals or property to intimidate; and exposure of children to any of the above. Coercive control — a pattern of behaviour designed to dominate and control a partner — is explicitly recognized. You do not need to have been physically hurt for your experience to count as family violence.

Under the 2021 Divorce Act amendments, courts must consider family violence when making any parenting order. A history of family violence is a significant factor in determining parenting arrangements. Courts will consider: the nature and severity of the violence; whether it was a pattern or isolated incident; the impact on the children; whether the abusive parent has taken steps to address their behaviour; and the risk of future violence. Courts can impose conditions on parenting time, require supervised visits, or in serious cases, deny parenting time entirely.

A protection order (also called a restraining order or peace bond, depending on the province and circumstances) is a court order that prohibits an abusive person from contacting you or coming near you, your home, your workplace, or your children's school. Protection orders can be obtained quickly — often on an emergency basis without the other person being present (called an ex parte order). Violating a protection order is a criminal offence. Contact your local courthouse, a legal aid office, or a women's shelter to find out how to apply.

If you are in immediate danger, your safety and your children's safety come first. However, leaving with children without the other parent's consent or a court order can create legal complications — it could be characterized as parental abduction if you take the children to another province or country. If possible, get legal advice before leaving. If you must leave immediately, go to a shelter or safe place and contact a lawyer as soon as possible. Document the reasons you left. Courts generally understand emergency departures made for safety reasons.

Courts have measures to protect people who are afraid of their abuser in court proceedings. You may be able to testify by video link, have a support person present, use a screen to block your view of the abuser, or have separate waiting areas. Tell the court clerk or your lawyer about your safety concerns before the hearing. Victim services programs in most provinces can provide support and accompaniment to court. You should not have to face your abuser alone — help is available.

Across Canada, there are shelters, transition houses, and support services for people experiencing family violence. The Assaulted Women's Helpline (1-866-863-0511) operates 24/7 in Ontario. The National Domestic Violence Hotline (1-800-799-7233) serves all of Canada. ShelterSafe.ca has a directory of shelters across the country. Legal aid is often available for family violence cases even for people who would not otherwise qualify financially. Indigenous-specific services are also available in many communities.

Coercive control is a pattern of behaviour used to dominate, isolate, and control an intimate partner. It can include: monitoring your movements, communications, and finances; isolating you from friends and family; controlling what you wear, eat, or do; making all financial decisions; using children to manipulate you; and threatening to harm you, your children, or your pets. Coercive control is now explicitly recognized in Canadian family law. Even if there has been no physical violence, a pattern of coercive control is considered family violence and can affect parenting orders.