Separation and Domestic Violence in Ontario: Safety and Legal Options

Leaving an abusive partner can be the most dangerous and the most overwhelming time. You may be worried about where you will live, what will happen to your children and whether the other person will find you.

This article sets out the main safety and legal options in Ontario in plain language. It is general information, not a safety plan made for you. If you are in danger right now, put safety first and call 911.

If you are in danger

If you are in danger, call 911 or local police immediately. Make a safety plan, and if you have children, try to take them with you when you leave.

The Law Society Referral Service offers an initial consultation of up to 30 minutes at no cost, and Legal Aid Ontario may provide help. The Victim Support Line is 1-888-579-2888 (416-314-2447 in the GTA). Phone numbers can change, so confirm them before you rely on them.

Restraining orders and peace bonds

A family court restraining order is available if you are worried about your own or your children's safety and you were married to or lived with the person for any period of time, or have a child with them. It can limit where the person goes and who they contact, such as keeping a set distance from your home, workplace or your child's school.

In urgent cases, a restraining order motion can be brought without notice if you do not know where the other person is, there is immediate danger to you or your children, or giving notice could have serious consequences. The forms include Form 8 (Application (General)), Form 14 (Notice of Motion) and Form 14A (Affidavit).

A peace bond is a different, criminal court order made by a judicial official and applied for at the criminal service counter of the local provincial courthouse. It can be in place for up to one year and can be renewed if fear continues, and breaking it can lead to a criminal charge. Unlike a family restraining order, it can be made against anyone where there are reasonable grounds to fear harm. It can protect against someone who might hurt you, your intimate partner or your child, damage your property, or share an intimate image or video of you without consent.

The family home: exclusive possession

A married person can ask the court for exclusive possession of the family home, even if the home is in the other spouse's name. A court deciding that application must consider any violence committed by a spouse against the other spouse or the children. Unmarried partners generally have different remedies, so ask a lawyer what applies to you.

Children, parenting and moving

Ontario law requires a court to consider any family violence against any member of the family when making orders for parenting time, decision-making responsibility and contact. Under the Divorce Act, conduct counts as family violence whether or not it is a criminal offence, and the court must consider its impact, including on the ability of the person who committed it to care for the child.

If you need to move to be safe, ask a lawyer about notice first. Under the Divorce Act, a person with parenting time or decision-making responsibility who plans to relocate must give notice at least 60 days before the expected move date. That Act applies to married spouses in divorce proceedings, while parents who are unmarried, or married and not seeking a divorce, are dealt with under Ontario's Children's Law Reform Act. A court can waive or change the Divorce Act notice requirements, including where there is a risk of family violence. How this applies to you depends on your situation, so it is worth confirming with a lawyer. If a child has been taken by a family member, a parent can apply to family court to have the child returned, even if the child was taken out of Ontario.

Safe steps and what to do next

• Call 911 or local police if you are in immediate danger.
• Make a safety plan and, if you have children, try to take them with you.
• Keep copies of important papers, such as identification, financial records and any messages or photos that show what happened, somewhere the other person cannot reach.
• Think about whether the other person can see your phone, email or location, and use a device they cannot access.
• Speak with a lawyer about a restraining order, exclusive possession and parenting, and ask about Legal Aid Ontario.

Be careful with evidence. Fraudulently and without colour of right getting into a computer system or service, which can include an ex's email or social media accounts, is an offence under the Criminal Code. It is generally not an offence to record your own conversation when you are a participant, but get advice before you record anyone.

Frequently asked questions