Can I get an emergency exclusive possession order because my spouse is violent?

Yes. Domestic violence is one of the strongest grounds for an exclusive possession order, and courts can act urgently. An emergency motion can be brought on very short notice — sometimes within hours or a day — particularly where there is a real and immediate risk of harm. Courts can also grant an order without advance notice to the other party (ex parte) in genuine emergencies.

If there is immediate danger, the first step is to call 911 and contact police. A criminal restraining order or a civil restraining order can also run alongside an exclusive possession order. In family court, a material risk of harm to a spouse or children can move a judge to act quickly.

When bringing an urgent exclusive possession motion based on violence, come with documented evidence: police reports, hospital records, photographs of injuries, text or voicemail evidence of threats, and witness information. An affidavit setting out the incidents in detail is the core of your materials. Courts take these applications seriously but need evidence to act on. Organizations like Legal Aid Ontario may assist if cost is a barrier to getting immediate legal help.