Get Help With Domestic Violence And Urgent Family Law Issues In Toronto
If you or your children are in immediate danger, call 911 or your local police service. Your immediate safety should come before starting or responding to a family law case.
Domestic violence can involve physical or sexual violence, threats, stalking, harassment, coercive or controlling behaviour, financial abuse, intimidation, or other conduct that causes someone to fear for their safety. Some conduct may also constitute a criminal offence.
Once immediate safety concerns have been addressed, family law remedies may be available to help protect you or your children. Depending on the circumstances, these can include a restraining order, an urgent or emergency family court motion, an order for exclusive possession of the matrimonial home, and parenting orders designed around safety concerns.
At Gelman & Associates, our Toronto domestic violence lawyers assist clients dealing with family violence and related issues involving separation, parenting arrangements, support, and the family home. We approach these cases carefully and confidentially, with attention to both legal rights and immediate safety concerns.
To discuss your family law options, call 1-844-736-0200 or contact Gelman & Associates.
What Should You Do If You Are Experiencing Domestic Violence?
If there is an immediate threat to you or a child, call 911. If leaving the home is necessary for safety, consider contacting a trusted person, local shelter, victim-support service, or other appropriate community resource.
If it is safe to do so, practical safety planning may also include keeping identification, medication, keys, important documents, emergency contacts, and essential items somewhere accessible.
Be cautious about storing plans or legal information on a phone, computer, email account, or browser that another person may monitor.
Once you are safe, speaking with a Toronto family lawyer can help you understand whether immediate court intervention is appropriate and how family violence may affect issues such as:
- A restraining order
- Parenting time and decision-making responsibility
- Urgent or emergency motions
- Exclusive possession of the matrimonial home
- Child support
- Spousal support
- Property and housing issues
- Existing family or criminal court orders
The right approach depends on the particular circumstances. A family court order should form part of a broader safety plan rather than being treated as a guarantee that future harm will not occur.
What Is Considered Family Violence In Ontario?
Family violence is not limited to physical assault.
Under the federal Divorce Act, family violence can include conduct that is violent or threatening, or that forms part of a pattern of coercive and controlling behaviour. It can also include conduct that causes a family member to fear for their safety.
Examples can include physical violence, sexual abuse, threats, stalking, repeated harassment, intimidation, destruction of property, financial control, and patterns designed to isolate or control another person.
Our article on financial abuse during separation and divorce explains how controlling access to money may also become part of an abusive relationship.
Family violence is particularly important when children are involved. When making parenting decisions under the Divorce Act, a court must give primary consideration to a child’s physical, emotional, and psychological safety, security, and well-being.
Restraining Orders In Ontario Family Court
A restraining order is a family court order intended to protect a person or child where there are reasonable grounds to fear for their safety.
Under Ontario’s Family Law Act, a court can make an interim or final restraining order against a spouse, former spouse, or certain current or former cohabiting partners.
Depending on the circumstances, an order may restrict the other person’s ability to:
- Contact or communicate with you directly or indirectly
- Contact your children
- Attend your home, workplace, school, or another location
- Come within a specified distance of you or particular places
The precise terms depend on the facts of the case.
For more information about the principles courts may consider, see our discussion of domestic violence and restraining orders.
If a restraining order is breached, police may become involved.
Restraining Order Vs. Peace Bond In Ontario
A restraining order and a peace bond are different legal protections.
A restraining order is generally obtained through family court under Ontario family law. It may be sought in connection with a dispute involving a current or former spouse or qualifying cohabiting partner and can impose restrictions on communication, contact, or proximity.
A peace bond is a criminal-law protection made under the federal Criminal Code. It is not a finding that the person has been convicted of an offence. Rather, a court can impose conditions designed to prevent anticipated harm where the statutory requirements are met.
The Criminal Code contains the general peace-bond procedure under section 810 and, as of 2026, a specific recognizance provision concerning a reasonable fear of domestic violence under section 810.03.
Conditions can potentially require a person to keep the peace and obey restrictions relating to contact or other conduct.
Which Is Better, A Restraining Order Or A Peace Bond?
There is no universal answer.
The appropriate process can depend on the relationship between the parties, whether a family court case already exists, the nature and immediacy of the safety concern, whether children are involved, and whether police or criminal proceedings are also involved.
In some situations, more than one legal system may be relevant at the same time. Family and criminal court orders should be reviewed carefully so that the terms do not conflict and the people involved understand their obligations.
Our Toronto domestic violence lawyers can advise about the family law aspects of the situation and whether a family court restraining order or other family law relief should be pursued.
Can You Bring An Emergency Family Court Motion In Ontario?
Yes. Ontario’s family court process permits urgent motions in appropriate circumstances.
Most family motions involve giving the other party advance notice. However, the Family Law Rules allow a motion to proceed without notice in limited situations, including where there is an immediate danger to the health or safety of a party or child and the delay associated with giving notice would probably have serious consequences.
A court may also consider proceeding urgently where advance notice itself could create serious consequences.
This is an exceptional process. A person asking for an urgent order must provide evidence explaining what has happened, what immediate risk exists, and why the requested relief cannot wait for the normal court process.
Possible urgent family-law requests could include a temporary restraining order, temporary parenting-related relief, or another order necessary to address the immediate circumstances.
If an order is obtained without notice, the other party will generally be notified afterward, and the matter will return to court so that the judge can reconsider the temporary arrangement after both sides have an opportunity to participate.
Exclusive Possession Of The Matrimonial Home
For some married spouses experiencing family violence, leaving the family home is not the only possible option.
Under Ontario’s Family Law Act, a married spouse may ask the court for exclusive possession of the matrimonial home. If granted, the order can require the other spouse to leave and permit one spouse to remain in the home.
Importantly, the court can make an exclusive possession order regardless of which spouse owns the matrimonial home.
When deciding whether to make the order, the court considers factors that include:
- The best interests of affected children
- The spouses’ financial circumstances
- Existing agreements and certain court orders
- Whether other suitable and affordable accommodation is available
- Violence committed by one spouse against the other spouse or the children
Exclusive possession does not determine who ultimately owns the property or how its value will be dealt with following separation. Those are separate property issues.
Our Toronto matrimonial home lawyers can explain how possession of the home and longer-term property rights interact.
Can A Common-Law Partner Get Exclusive Possession Of The Home?
The matrimonial-home provisions of Ontario’s Family Law Act apply specifically to married spouses. The rights of unmarried partners to remain in or obtain possession of a shared home can therefore be different.
If you are in a common-law relationship and safety or housing is an immediate concern, legal advice is important because other remedies may still be available depending on your circumstances.
How Domestic Violence Can Affect Parenting Arrangements
Family violence can have a major impact on parenting decisions.
When a court determines parenting time or decision-making responsibility under the Divorce Act, the child’s safety, security, and well-being are central considerations.
The court can consider matters such as:
- The nature and seriousness of the violence
- How frequently it occurred
- Whether there is a pattern of coercive and controlling behaviour
- Whether the child was directly or indirectly exposed to the violence
- Whether the person responsible for the violence can safely care for the child
- Whether requiring the parents to cooperate could create additional risk
- Other civil, criminal, or child-protection proceedings involving the family
Depending on the circumstances, parenting arrangements may need safeguards such as structured exchanges or supervised parenting time.
Read more about how Ontario courts approach the best interests of the child.
What Evidence Can Be Used In A Domestic Violence Family Law Case?
Family violence frequently occurs in private, so there may not always be an independent witness or one particular document proving what occurred.
Evidence will depend on the case. Potentially relevant information may include:
- 911 or police records
- Photographs
- Medical or hospital records
- Text messages, emails, or voicemail
- Witness evidence
- Previous court orders
- Records showing repeated unwanted communication
- Evidence of damage to property
- Financial records relevant to economic or financial abuse
- A detailed chronology of incidents
Preserving evidence should never come at the expense of personal safety. Do not put yourself in danger in order to photograph, record, retrieve, or collect evidence.
A domestic violence lawyer can help identify which evidence may be legally relevant and how it can appropriately be presented to the court.
Frequently Asked Questions About Domestic Violence And Family Law
Can I Get A Restraining Order Without Telling My Partner First?
In limited urgent circumstances, an Ontario family court may consider a motion for a temporary restraining order without advance notice to the other person.
This procedure is generally reserved for situations where notice is not reasonably possible or where delaying the motion or alerting the other person could have serious consequences, including an immediate safety risk.
The court determines whether the circumstances justify proceeding without notice.
Do I Need To Have Been Physically Assaulted To Request A Restraining Order?
Not necessarily. Under Ontario family law, the issue is whether there are reasonable grounds to fear for your safety or the safety of a child in your lawful custody.
Depending on the circumstances, threats, stalking, harassment, coercive behaviour, or other conduct may be relevant even where there has not been a recent physical assault.
Can Domestic Violence Affect Child Custody In Ontario?
Ontario family law now generally uses the terms parenting time and decision-making responsibility rather than custody and access.
Family violence can significantly affect parenting orders because courts must consider children’s safety and the impact of family violence when determining their best interests.
Can My Spouse Be Ordered To Leave Our House?
If you are legally married, an Ontario court can, in appropriate circumstances, grant one spouse exclusive possession of the matrimonial home.
Ownership alone does not determine whether such an order can be made.
Is A Peace Bond The Same As A Criminal Conviction?
No. A peace bond is a preventative court order and is not itself a criminal conviction. Breaching the conditions of a peace bond, however, can have serious legal consequences.
Should I Leave The Matrimonial Home If There Is Domestic Violence?
Safety should come first. Whether leaving the home is the safest option and what legal consequences may follow depend on the circumstances.
If there is immediate danger, call 911. If there is no immediate danger and it is safe to obtain advice first, a family lawyer can explain options including exclusive possession and the potential property implications of separation.
Speak Confidentially With Our Toronto Domestic Violence Lawyers
Domestic violence family law cases can involve several urgent issues at once, including personal safety, children’s safety, housing, parenting arrangements, financial support, and existing criminal or family court orders.
At Gelman & Associates, our Toronto domestic violence lawyers help clients understand their family law options and determine what steps may be appropriate based on the circumstances.
If you or your children are in immediate danger, contact 911 or your local police service first.
For family law assistance after immediate safety needs have been addressed, call Gelman & Associates at 1-844-736-0200 or contact our family law team online to discuss a confidential consultation.
