Domestic Violence & Emergency Family Court Orders in Ontario

Family law matters are rarely easy, but when the element of domestic violence is involved, the situation becomes even more urgent and complex. Research has shown that violence frequently escalates post-separation, making it the most dangerous time for women and children.[1] It is thus, important to know the tools offered by Ontario’s family court system to help protect individuals at risk. Understanding these options can assist you in acting quickly and effectively.

Below, we focus on three legal remedies available in emergency situations: restraining orders, exclusive possession of the matrimonial home, and urgent motions.

Restraining Order

A restraining order is a court order that limits one person’s contact with another. In family law, these are often sought against a spouse or former partner. Restraining orders can last for any length of time and vary in their conditions for contact. For example, a court may order that your partner stays a certain distance away from your home or workplace, or that your partner is not allowed to contact you directly or even indirectly through family and friends.

If you have safety concerns about your partner’s parenting time with the children or pick up and drop off exchanges, you can request an order for supervised parenting or arrange for supervised or public parenting exchanges.

In order to successfully request restraining orders, you must present the court with sufficient evidence proving reasonable grounds to fear for your safety or the children’s safety. In most cases, your partner will be given a chance to respond before the restraining order is granted, however, in rare cases of extraordinary danger, the court may make an exception and execute the restraining order without notice to the other party.

Exclusive Possession

In situations involving married spouses, the court can grant exclusive possession of the matrimonial home to one party, whether both partners are joint owners, or not. Common-law partners do not have access to the remedy of exclusive possession.

In deciding whether to order exclusive possession, a judge often considers the best interests of the children (if children are involved), any history of domestic violence, and the financial circumstances of the parties. If exclusive possession is ordered, this means that one partner is mandated to leave the home while the other spouse is permitted to stay, and police are able to enforce this court order. To be clear, although this kind of order is also available to spouses who jointly own the matrimonial home, it only affects occupancy or possession and does not change ownership.

Urgent Motions

In emergency situations, waiting weeks or months for a court date is not an option. An urgent motion allows a party to bring your case before a judge quickly, effectively bypassing the usual procedural timelines. These motions are usually granted only when a party has established an immediate risk of harm, threats of child abductions, or denial of access to children. The court will first decide whether the case meets the threshold for urgency. If it does, the issues in your matter can proceed on an expedited basis.

It is important to note that the nature of the orders made at urgent motions is temporary and not a permanent solution. In urgent parenting cases, the court continuously attempts to find the balance between separating a child from their parent and upholding the child’s safety.

For more information regarding Urgent custody orders, please see our blog, “When to Seek Emergency Custody Orders Before a Final Parenting Plan.”

Conclusion

If you are experiencing domestic violence or fear for your safety, you are not alone. Legal protections exist to help you secure your safety and stability. Please be sure to discuss any of these concerns with family law counsel.

Attention Legal Counsel: Professional Mediation Services

When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.

Why lawyers refer cases to Andrew:

• 30+ years family law litigation experience providing courtroom-informed reality testing
• Expertise in complex financial matters including business valuations and professional corporations
• Efficient, structured process that respects counsel's time and maintains client relationships
• Flexible scheduling including virtual mediation and travel to counsel offices

Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post-separation modifications.

Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.