15. Family Violence

Family violence is any form of abuse, mistreatment or neglect that a child or an adult experiences from a family member or from someone with whom they have an intimate relationship. Family violence can be:

• physical;
• sexual;
• emotional; or
• financial

Neglect is also a form of violence.

If you or your children are experiencing abuse by your spouse / partner (or anyone else), it is important to take steps to protect yourself and your children even if you do not want to end the relationship. Even if you think you are hiding the violence from your children, it is likely they know more than you think. Children can be harmed by the effects of violence even if they do not directly witness it.

The Courts will consider any history or risk of family violence when deciding on parenting arrangements. Furthermore, if you subject your children to family violence child protection services may have grounds to intervene.

Abuse by a spouse / partner often occurs in a cycle. Initially, there may be no conflict but then tension increases leading to an abusive event. Afterwards, the abusive partner might ask for forgiveness, present you with gifts, and promise it will never happen again. Things might deescalate back to low conflict, but eventually the cycle may start again.

Leaving an abusive relationship is statistically the most dangerous time for victims of family violence. If you can, work with a local organization or friend to implement a safety plan. If you, your children, or someone you know is in immediate danger, call 911. If you or someone you know is experiencing family violence, see Section 17 Resources.

If there is risk of family violence, including the risk of kidnapping, you can seek a Protection Order from the family court or a Peace Bond through the criminal court. These types of orders are different and can have different effects, but both are meant to protect you from another person and you can pursue both options at the same time.

Peace Bond

A peace bond is a type of court order that can protect you against anyone, even someone you only dated or hardly know. To get a peace bond, you must show that you have a reasonable fear that the other person will hurt you, someone in your family or your pets; damage your property; or share an intimate image or video of you without your consent.

If your spouse / partner is charged with a crime, in relation to family violence, such as assault, the Crown may offer them a Peace Bond under section 810 of the Criminal Code. You can also call the police and tell them you want a peace bond against someone. If the police decide to pursue the matter, your spouse / partner may be arrested or given a promise to appear in court. If the police do not decide to pursue the matter, you can apply for a peace bond yourself. You can ask the criminal registry staff for the forms and ask duty counsel to help you fill them out.

While they will not receive a criminal record from a peace bond, the other person will have to follow certain conditions such as not contacting you for up to one year. A peace bond can be enforced anywhere in Canada. If they breach these conditions, they could face new charges or have to face trial for the original crime.

It may take weeks or even months to get a peace bond. If you are in immediate danger, call 911. If your spouse / partner is arrested they may be detained in jail or released from jail on conditions not to contact you or go near you. You can also apply for a family law protection order.

Protection Order

A family law protection order or restraining order does not require the involvement of the police or the criminal justice system. Generally, family law protection orders can only be made against family members or someone you were in a relationship with. You can apply to court and seek an order that restrains your spouse / partner from stalking you, possessing weapons, attending at your home or place of work, and how they can communicate with you. The protection order can also order the police to seize your partner’s weapons. You will have to prepare an affidavit stating your concerns and the judge may ask you questions about them.

You generally do not need a lawyer to apply for either of these. However, if possible, you should seek community resources or legal advice to see if a Protection Order or Peace Bond is right for your situation. Both types of orders can be enforced by the police.

Parental child abduction is when a spouse / parent (or guardian) takes or conceals a child from the other spouse / parent (or guardian) and it is illegal in Canada. If you are concerned the other parent may abduct your child, you can take some steps to prevent it such as applying for an order for supervised parenting, an order that a guardian cannot remove the child from the jurisdiction, or an order with a clearly defined parenting schedule to eliminate confusion.

Unfortunately, some people try to use the court system to further abuse their ex-spouse / partner. Harassment through the courts can take many forms but will often include:

• Making multiple court applications, often frivolous, in the wrong court or for an issue that has already been litigated and decided.
• Embarrassing or threatening to embarrass their ex in court by, for example, talking about irrelevant health issues or infidelity.
• Taking advantage of their ex’s lack of representation or purposely causing their ex’s legal fees to increase.
• Isolating their ex from legal support by putting pressure on support workers or filing complaints against their lawyer.
• Making false accusations of abuse or say that they were denied access to the police or child protection workers.

 If you find that you are being harassed through the court system, it is important to get representation, if you can. You might be eligible for free legal representation.

A judge can make an order to stop the other person from making any more court applications without the permission of the court or for a certain period of time. The other person may also be ordered to pay you back for the money you spent responding to the applications by ordering them to pay “costs”.

Every region has resources to help people experiencing violence. Here are the types of resources you can access:

• Call 911 or your local police emergency number if your area does not have 911, if you, your children, or someone else is in immediate danger.
• Victim Services are organizations that can help you develop a plan and find ways to protect yourself. See the Victim Service Directory for services in your area.
• Community Organizations often provide social services and may be able to refer you to a lawyer and services in your first language. See 211 and the Ending Violence Association of Canada to find a variety of resources in your area.
• Tell your doctor or public health nurse as they can give you advice on what to do if you are abused and assist you with physical and psychological injuries.
• Tell friends, family, members of your place of worship, or neighbours who you trust.
• Helplines and Crisis Lines exist to help people experiencing abuse 24 hours a day for free. DAWN Canada provides a list of crisis hotlines across Canada.
• Hospitals can help you if you have serious injuries and may have special knowledge about family violence.
• Legal services, such as legal aid and lawyer referral services may be available to give you legal advice on how to protect yourself legally and financially.
• Police can help you even when you are not in immediate danger. They may have special units with expertise in domestic abuse, can help you get a peace bond and refer you to victim’s services.
• Women’s Shelters can provide temporary and medium-term shelter to women and children experiencing abuse and can also provide resources. See Shelter Safe to find shelters in your area.

See the Department of Justice website for more information about family violence.