- The Criminal System When police are called to a domestic situation, they investigate whether a crime has been committed — assault, uttering threats, criminal harassment, mischief, or…
- When Bail Conditions Restrict Contact If the police charge the other parent and they are released on bail, the bail order almost always includes no-contact conditions with the…
- Evidence Criminal proceedings can produce important evidence for family court: - Police occurrence reports document the history of incidents.
In many domestic situations involving violence, threats, or serious harassment, two separate legal systems activate at the same time: the criminal justice system (police, Crown Attorney, criminal court) and the civil family court system (family judges, parenting orders, support, property). These systems run on parallel tracks, have different rules of evidence, different standards of proof, and different goals — and they can interact in ways that are confusing, and sometimes contradictory, for everyone involved.
Understanding how police and family court overlap in Ontario is essential to protecting your interests and your safety in both arenas.
If you are in immediate danger, call 911.
Two Systems, Two Different Goals
The Criminal System
When police are called to a domestic situation, they investigate whether a crime has been committed — assault, uttering threats, criminal harassment, mischief, or other offences. If they arrest someone, the matter goes to the Crown Attorney, who decides whether to lay charges. If charges are laid, the accused appears in criminal court.
The criminal system's goal is public safety and accountability — determining guilt or innocence and imposing punishment if convicted.
The Family Court System
The family court system deals with the civil legal consequences of a relationship breakdown: who the children live with, who makes decisions for them, how property is divided, and what support is owed. It is driven by private applications — one party files, the other responds.
The family court's goal is resolving the legal rights and obligations between family members, with the best interests of any children as the paramount consideration.
Neither system is designed to serve all your needs. Most people in domestic violence situations need both.
Bail Conditions and Family Law: Where They Collide
When Bail Conditions Restrict Contact
If the police charge the other parent and they are released on bail, the bail order almost always includes no-contact conditions with the complainant (you) and often with the children. This is a criminal law mechanism — it exists independently of any family court order.
The collision point: what happens when the bail order says no contact, but the family court later grants the charged parent some parenting time?
The answer is that criminal bail conditions and family court orders are separate. If a family court orders parenting time for the charged parent, but bail says no contact with you, the charged parent cannot exercise that parenting time in a way that involves you. Exchanges would need to be structured so that the accused never comes into contact with the protected person.
This often requires both a family lawyer and (for the accused) a criminal defence lawyer to coordinate carefully. Courts are aware of this issue and can craft orders that work together.
When Orders Conflict
If you perceive a genuine conflict between a bail condition and a family court order — for example, a family court order says children are to be picked up at your home, but bail says the accused must stay away from your address — speak to your family lawyer immediately. The lawyers can communicate with the Crown's office and seek clarification or a modification to one of the orders.
How Criminal Proceedings Affect Family Court
Evidence
Criminal proceedings can produce important evidence for family court:
- Police occurrence reports document the history of incidents.
- A finding of guilt in criminal court is not automatically binding in family court, but the factual record matters.
- Bail conditions and Crown disclosure (obtained through a criminal lawyer) may reveal information relevant to parenting safety.
However, evidence flows both ways: what you say in family court sworn documents can potentially be used in a criminal proceeding. This is one reason to have a family lawyer and (if you are the accused) a criminal lawyer who communicate with each other about strategy.
The Crown Controls the Criminal File
One important thing survivors should understand: once police are involved and charges are laid, you do not control the criminal proceeding. The Crown Attorney acts on behalf of the public, not on your behalf. You may be asked to be a witness. The Crown decides whether to proceed, plea bargain, or withdraw charges.
If you want control over protective measures — the terms, the timing, the conditions — a family court restraining order is the tool that puts you in the driver's seat.
Delays in the Criminal System
Criminal proceedings can take many months. Family situations cannot wait that long. You do not have to wait for the criminal matter to resolve before seeking family court orders for parenting, protection, or support. Family court can and does act in parallel.
The Role of SCAN (Support for Children — A Networking) and Domestic Violence Court
Many Ontario courts have specialized resources for domestic violence matters, including designated Domestic Violence Court (DVC) streams. These courts often have:
- Dedicated Crown Attorneys and support workers for DVC matters.
- Victim witness assistance programs.
- Connections to community agencies.
Ask the court staff at your local courthouse what dedicated resources are available.
Frequently asked questions
If I call police, will I lose my children?
Calling police to protect yourself and your children is generally not held against the parent who called. Courts are alert to this fear and do not penalize victims for involving police. Document why you called and what happened afterward.
Can my family lawyer communicate with the Crown about the criminal case?
Your family lawyer and criminal defence lawyer (if you have one) focus on their respective proceedings. Your family lawyer can alert the Crown to family court orders and seek coordination if needed. A victim witness advocate can also help you understand your role in the criminal process.
If the charges are withdrawn or the accused is acquitted, what happens in family court?
A withdrawal or acquittal in criminal court does not determine family court outcomes. The standard of proof is different (civil standard — more likely than not, versus criminal — beyond a reasonable doubt). Your family court application continues on its own track based on its own evidence.
My partner was charged and has bail conditions. Do I still need a family court restraining order?
Bail conditions expire when the criminal case ends. A family court restraining order is independently enforceable and continues until the court changes it. Many survivors seek both to ensure protection regardless of how the criminal case resolves.
This is a family law question
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