Domestic Violence Protections — Ontario
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?
Three legal systems run in parallel against domestic violence in Canada: criminal law (federal), family law (provincial), and domestic violence legislation (provincial). They overlap on purpose — a single incident can engage all three.
The Criminal Code covers assault, criminal harassment (stalking), uttering threats, and the s. 810 peace bond. The newer intimate-partner violence provision (s. 810.03) came into force in April 2025 and is the targeted tool for IPV cases that don't quite reach assault charges.
Provincial statutes layer on emergency protection orders. In Alberta, for example, EPOs are available 24/7 without notice to the respondent — the abuser has no advance warning that the order is being sought.
The 2021 Divorce Act amendments gave federal law its first formal definition of family violence. It is broad: physical, sexual, psychological, emotional, and financial abuse, plus coercive and controlling behaviour — the latter being the change that family-violence advocates had pushed for over years.
When does it apply?
Domestic violence protections cover:
- Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.
- The protections run regardless of whether you're married, common-law, or dating.
- Children exposed to violence are protected too — and courts now treat exposure as a parenting consideration.
What to Do If You Are Experiencing Domestic Violence in Canada
Safety first, evidence second, paper trail throughout.
- 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 are usually quick.
- Report to police. Charges can attach to assault, threats, or criminal harassment.
- Document everything — incidents, photos, messages, medical reports — in a place the abuser can't reach.
- Tell your family lawyer. Family violence is a major factor in parenting and support decisions under the 2021 Act.
- Build a safety plan: somewhere to go, key documents in one bag, emergency contacts memorised.
What should you NOT do?
- Don't dismiss it as "not serious enough." Emotional and financial abuse are recognised forms of family violence under the Divorce Act.
- Don't violate your own protection order. Even voluntary contact can lead to charges against the protected party.
- Don't communicate through the children. Use a parenting app or another neutral channel.
- Don't destroy evidence. Keep all messages, photos, and records.
- Don't assume you have to leave the home. Protection orders can remove the abuser 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
What is the domestic violence protections right in Canada?
Three legal systems run in parallel against domestic violence in Canada: criminal law (federal), family law (provincial), and domestic violence legislation (provincial). They overlap on purpose — a single incident can engage all three.The Criminal Code covers assault, criminal harassment (stalking), uttering threats, and the s. 810 peace bond. The newer intimate-partner violence provision (s. 810.03) came into force in April 2025 and is the targeted tool for IPV cases that don't quite reach assault charges.Provincial statutes layer on emergency protection orders. In Alberta, for example, EPOs...
When does domestic violence protections apply?
Domestic violence protections cover:Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.The protections run regardless of whether you're married, common-law, or dating.Children exposed to violence are protected too — and courts now treat exposure as a parenting consideration.
What should I do if I'm experiencing domestic violence or abuse from a partner in Canada?
Safety first, evidence second, paper trail throughout.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 are usually quick.Report to police. Charges can attach to assault, threats, or criminal harassment.Document everything — incidents, photos, messages, medical reports — in a place the abuser can't reach.Tell your family lawyer. Family violence is a major factor in parenting and support decisions under the 2021 Act.Build a safety plan: somewhere to go,...
What mistakes should I avoid with domestic violence protections?
Don't dismiss it as "not serious enough." Emotional and financial abuse are recognised forms of family violence under the Divorce Act.Don't violate your own protection order. Even voluntary contact can lead to charges against the protected party.Don't communicate through the children. Use a parenting app or another neutral channel.Don't destroy evidence. Keep all messages, photos, and records.Don't assume you have to leave the home. Protection orders can remove the abuser instead.
Domestic Violence Protections in other states
Same topic, different jurisdiction. Pick the one that applies to you.