Disclaimer: This article aims to provide educational information surrounding domestic violence. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog. 

It goes by many names (such as domestic abuse, family violence, and intimate partner violence). Whatever terminology you use, the fact remains the same – violence in the family is a serious and pervasive issue. Family violence is abhorrent and unacceptable, affecting countless individuals and families.

How does Ontario’s family law treat domestic violence? How can a family law lawyer help you if you face this issue? In this article, and the ones to follow, we will answer those questions. 

What is family violence? 

While physical abuse is the easiest to recognize, family violence may be present in many forms. 

Both The Children’s Law Reform Act and The Divorce Act define family violence as conduct by a family matter that is

• Violent or threatening;
• Constitutes a pattern of coercive and controlling behaviour;
• Causes the other family member to fear for their own safety or for that of another person; or
• In the case of children, direct or indirect exposure to the conduct noted above.

The Divorce Act also makes it clear that family violence does need to be a criminal offense or meet the threshold of “proof beyond a reasonable doubt”. 

While this is not exhaustive, the following breakdown outlines some of the many forms of abuse.   

1. Physical Abuse
   This includes actions such as punching, slapping, kicking, and forcible confinement. Importantly, actions taken by someone to protect themselves or another person are not considered abuse.
2. Sexual Abuse
   Sexual abuse involves a range of non-consensual sexual activities, including sexual assault, or compelling someone to watch violent pornography or observe others engaging in sexual acts.
3. Threats and Intimidation
   This includes threats to bodily harm to another person, such as threatening to physically harm a child’s friend. It also encompasses threats to kill or harm an animal or to damage property.
4. Harassment and Stalking
   These behaviors involve persistent and unwanted attention that causes distress or fear. Harassment can take various forms, including unwanted contact, surveillance, or intrusion into personal space.
5. Failure to Provide Necessities of Life
   This form of abuse includes neglecting to provide essential needs such as medical attention, food, or shelter. It can severely impact a family member’s well-being and health.
6. Psychological Abuse

Psychological (or emotional) abuse involves a pattern of behavior, such as ridiculing, yelling at, or otherwise belittling a family member. To be classified as family violence, it must meet the criteria above. It must be threatening, constitute a pattern of coercive and controlling behavior, or cause you to fear for your safety or someone else’s.

For example, in one recent case, the courts noted, “Unwarranted calls to authorities, such as the police and CAS (Children’s Aid Society) can be psychological abuse as can surreptitious recordings, insults, unwarranted criticism about parenting and demanding to know whereabouts.”

1. Financial Abuse
   Financial abuse involves controlling or restricting access to money, such as not giving a spouse access to their bank account or income, or preventing them from working. This behavior often aims to coerce and control a family member, making them financially dependent.
2. Threats to Harm Animals or Damage Property
   This includes threats or actions that harm animals or property, which often serve to intimidate, control, or instill fear in the person being abused.

How can a family law lawyer help if you are abused by a family member? 

We will expand on this question in the following article, but a family law lawyer can provide essential support and legal protection if you experience family violence. This may include: 

• Representing you in court to obtain protective orders or restraining orders against the abuser.
• Assisting in creating a safety plan tailored to your situation, ensuring you and your children are protected from an abusive situation.
• Helping you navigate parenting time issues and ensure that your children’s safety and well-being are prioritized.
• Connecting you with resources, support and other services.

Contact Plat Simionati LLP for your family law needs 

If you or someone you know is facing family violence, seeking legal advice and support is crucial. Our team is not only well-versed in all areas of family law, we are also compassionate and understand the sensitivity of this issue. Contact Plat Simionati LLP for expert guidance and compassionate assistance with your family law needs.