Domestic Violence Protections in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Canada has three legal systems that address domestic violence: criminal law (federal), family law (provincial), and domestic violence legislation (provincial).
The Criminal Code covers assault, criminal harassment (stalking), uttering threats, and peace bonds (section 810). A new intimate partner violence provision (section 810.03) came into effect in April 2025.
Provincial laws allow for emergency protection orders. In Alberta, for example, these can be obtained 24 hours a day, 7 days a week, and without the abuser knowing.
The 2021 amendments to the Divorce Act defined family violence broadly for the first time in federal law. The definition includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
When does it apply?
Domestic violence protections apply to:
- Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.
- This applies regardless of whether you are married, common-law, or dating.
- Children who are exposed to violence are also covered and considered by courts.
What to Do If You Are Experiencing Domestic Violence in Canada
- Call 911 if you are in immediate danger.
- Contact a domestic violence hotline for confidential support and safety planning.
- Apply for a protection order through provincial court — emergency orders can often be obtained quickly.
- Report to police — criminal charges may apply for assault, threats, or harassment.
- Document everything — keep records of incidents, photos, messages, and medical reports in a safe place the abuser cannot access.
- Inform your family lawyer — violence is a major factor in parenting and support decisions.
- Create a safety plan — include a safe place to go, important documents, and emergency contacts.
What should you NOT do?
- Don't assume it's not "serious enough" — emotional and financial abuse are recognized forms of family violence.
- Don't violate your own protection order — even voluntary contact can result in criminal charges against you.
- Don't communicate through the children — use a parenting app or other neutral method.
- Don't destroy evidence — keep all messages, photos, and records safe.
- Don't assume you must leave the home — protection orders can remove the abuser from the residence instead.
How Ontario differs from federal law
Ontario provides multiple legal protections for people experiencing domestic violence, through both criminal law and family law mechanisms.
- Domestic violence is a criminal offence under the federal Criminal Code (assault, criminal harassment, uttering threats, etc.). Ontario police have a mandatory charge policy — when they respond to a domestic violence call and have reasonable grounds, they must lay charges. The victim does not have to "press charges."
- Ontario family courts can issue a restraining order under section 46 of the Family Law Act, which prohibits the abuser from contacting or coming near you, your children, or your home. You do not need to be married — common-law and dating partners can apply.
- The criminal courts can issue a peace bond (section 810 of the Criminal Code) or conditions of bail/probation that keep the abuser away.
- The Child, Youth and Family Services Act, 2017 requires anyone who suspects a child is being harmed or at risk (including exposure to domestic violence) to report to a Children's Aid Society (CAS).
- Ontario funds a network of women's shelters and crisis lines across the province. The Assaulted Women's Helpline operates 24/7 in multiple languages.
- Tenants fleeing domestic violence in Ontario can terminate a lease early by giving 28 days' notice and providing a statement from a prescribed authority (section 47.3 of the RTA, in effect since 2021).
Additional Steps in Ontario
If you are in immediate danger, call 911. For 24-hour support, call the Assaulted Women's Helpline at 1-866-863-0511 (TTY: 1-866-863-7868). For a restraining order, file an application in family court — you can do this without a lawyer. Legal Aid Ontario provides certificates for domestic violence matters and many courts have duty counsel who can help on the spot. To report child exposure to violence, call your local Children's Aid Society.
Relevant Law: Family Law Act, R.S.O. 1990, c. F.3, s. 46 (Restraining Orders); Criminal Code, R.S.C. 1985, c. C-46, ss. 264, 266–268, 810; Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1; Residential Tenancies Act, 2006, s. 47.3
Common Questions
When does domestic violence protections apply?
Domestic violence protections apply to:Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.This applies regardless of whether you are married, common-law, or dating.Children who are exposed to violence are also covered and considered by courts.
What should I do if I'm experiencing domestic violence or abuse from a partner in Canada?
Call 911 if you are in immediate danger.Contact a domestic violence hotline for confidential support and safety planning.Apply for a protection order through provincial court — emergency orders can often be obtained quickly.Report to police — criminal charges may apply for assault, threats, or harassment.Document everything — keep records of incidents, photos, messages, and medical reports in a safe place the abuser cannot access.Inform your family lawyer — violence is a major factor in parenting and support decisions.Create a safety plan — include a safe place to go, important documents, and...
What mistakes should I avoid with domestic violence protections?
Don't assume it's not "serious enough" — emotional and financial abuse are recognized forms of family violence.Don't violate your own protection order — even voluntary contact can result in criminal charges against you.Don't communicate through the children — use a parenting app or other neutral method.Don't destroy evidence — keep all messages, photos, and records safe.Don't assume you must leave the home — protection orders can remove the abuser from the residence instead.
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