Family Violence and Protective Orders in Canada: What You Need to Know

If you or your children are experiencing family violence, Canadian law provides several tools to protect you. The 2021 amendments to the Divorce Act brought significant changes to how family violence is addressed in family law, including an explicit requirement that courts consider family violence in every decision about children. This guide covers the legal definitions, the types of protective orders available, safety planning, and how family violence affects the divorce process.

How the Law Defines Family Violence

The 2021 Divorce Act (section 2(1)) defines family violence broadly. It goes well beyond physical assault to include a wide range of controlling, threatening, and harmful behaviours. Understanding the legal definition is important because it determines what the court will consider when making decisions about parenting, support, and protective orders.

The definition also includes direct or indirect exposure of a child to family violence. A child who witnesses violence between their parents is considered a victim of family violence, even if the violence was never directed at the child.

How Family Violence Affects Parenting Decisions

Under the 2021 Divorce Act, courts are required to consider family violence when determining the best interests of the child. Sections 16(3)(j) and (k) specifically list family violence as a factor the court must examine. This is not optional; the court must address it if there's evidence of family violence.

When assessing the impact of family violence on parenting arrangements, courts consider:

Based on these factors, courts may restrict the violent parent's parenting time, order supervised visits (at a supervised access centre or with a specified person present), deny decision making responsibility to the violent parent, or in severe cases, deny parenting time altogether. The court may also order the violent parent to attend counselling or an intervention program as a condition of parenting time.

Recent changes in the law

Coercive control will become a crime. In June 2026, Parliament passed a law (Bill C-16) that makes coercive or controlling conduct toward an intimate partner a Criminal Code offence. That part isn't in force yet; the government expects it by June 2028. Coercive control already counts as family violence under the Divorce Act, and courts take it into account in parenting decisions now.

You may be able to sue for intimate partner violence. In May 2026, the Supreme Court of Canada recognized a new legal claim for intimate partner violence based on coercive control (Ahluwalia v. Ahluwalia, 2026 SCC 16). A person who experienced it can ask a court for damages. Talk to a family lawyer about whether this applies to you.

Protective Orders

Canadian law provides several types of protective orders, each obtained through a different court and carrying different consequences for a breach.

Restraining Orders (Family Court)

Restraining orders are obtained through family court under provincial legislation. In Ontario, section 46 of the Family Law Act allows a court to make a restraining order prohibiting a person from molesting, annoying, or harassing the applicant or their children. A restraining order can also prohibit the respondent from coming within a specified distance of the applicant's home, workplace, or school.

To obtain a restraining order, you must show that you have reasonable grounds to fear for your safety or the safety of your children. The order is a civil order, but breaching it is a criminal offence under section 127 of the Criminal Code.

Peace Bonds (Criminal Court)

A peace bond is obtained through criminal court under section 810 of the Criminal Code. Anyone can apply for a peace bond, even without a family law case. To obtain one, you must show that you have reasonable grounds to fear that another person will cause personal injury to you, your spouse or common law partner, your child, or will damage your property.

A peace bond typically lasts up to 12 months and can include conditions such as no contact, staying a specified distance away, surrendering weapons, and not consuming alcohol or drugs. Breaching a peace bond is a criminal offence that can result in arrest and prosecution.

Emergency Protection Orders

Some provinces have emergency protection order legislation that allows for immediate protection outside of regular court hours. These orders can be obtained by telephone from a justice of the peace, often through police assistance, and provide short-term protection until a full hearing can be held.

Safety Planning

Whether or not you're ready to leave, having a safety plan in place is essential. A safety plan is a personalized strategy for protecting yourself and your children if violence escalates.

Impact on the Divorce Process

Family violence affects many aspects of the divorce process beyond parenting arrangements:

Expedited Court Hearings

Courts can prioritize cases involving family violence. If you or your children are at risk, you can seek an urgent or expedited hearing. Most courthouses have a process for urgent motions that can be heard within days rather than weeks.

Relocation

If you need to relocate for safety reasons, the court can modify or waive the standard 60 day notice requirement for relocation under the Divorce Act. Safety takes priority over procedural requirements. For more about relocation rules, see our guide to relocation after divorce.

Legal Aid and Fee Waivers

Family violence cases are often prioritized by legal aid programs. Many provinces have specific legal aid programs for victims of family violence, and court filing fees may be waived in cases involving family violence.

Immigration Status

Your immigration status should not prevent you from seeking help. Protections exist regardless of whether you're a Canadian citizen, permanent resident, or on a temporary visa. If your partner has threatened to have you deported as a form of control, know that seeking help for family violence will not negatively affect your immigration status. Many settlement agencies and shelters have workers who specialize in helping newcomers.

Supporting Children Who Have Been Exposed to Violence

Children who witness family violence are themselves victims. Research consistently shows that exposure to violence between parents can have significant effects on children's emotional, psychological, and physical development. Courts recognize this, and the Divorce Act explicitly includes indirect exposure to violence as a factor in parenting decisions.

Children who have been exposed to family violence may benefit from professional counselling. Many communities offer free or low cost counselling services specifically for children who have witnessed family violence. Your family lawyer, a local shelter, or Kids Help Phone (1-800-668-6868) can help you find appropriate resources.

Common effects on children include anxiety and fearfulness, difficulty concentrating at school, behavioural changes (aggression or withdrawal), sleep disturbances, and regression to younger behaviours. These effects can be addressed with appropriate support, and early intervention makes a significant difference.

Resources and Next Steps

If you're experiencing family violence, you don't have to navigate this alone. A family lawyer experienced in family violence cases can help you understand your options, obtain protective orders, and ensure your safety is prioritized throughout the divorce process.

Browse family lawyers across Canada to find a lawyer who can help protect you and your children.

This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.