Domestic Violence Allegations in Family Court

Even if you’ve been in a bad and toxic relationship, the end can be hard.  If you and your Ex are the parents of children, you have to resolve domestic violence allegations issues around parenting and child support, in addition to the usual property division and spousal support questions.  To get to a resolution, the Family Courts are tasked with taking a close look at many factors.

In Ontario, one factor that the courts take very seriously is the presence – or even just an allegation – of “family violence”.  It can be a sensitive topic, but if it might impact you, here’s what you need to know.

What Does “Family Violence” Encompass?

Family violence (sometimes called “domestic violence”) is broader than most people think. It’s not just physical assault.

If you’re the one victimized, it can include any of the following perpetrated by your Ex:

• Threats or harassment
• Emotional abuse or intimidation
• Financial control or withholding money
• Stalking or unwanted surveillance
• Damage to property meant to scare you, or your children or other family members.

Whatever form it takes, family violence is something the federal Divorce Act and Ontario’s Children’s Law Reform Act requires judges to consider, when deciding what’s in the best interests of your children.  If this impacts you, it’s important to gather evidence about what you’re being subjected to, so that you can present it to the court.

Quick Aside: Does there Have to be a Criminal Charge? 

No. Family court is separate from criminal court. Even if your Ex has not been formally charged with a criminal offence – or if charges have been withdrawn – then the Family judge can still consider his or her behaviour.

Above all, judges look at the safety and well-being of your children first, and not whether your Ex’s conduct meets the criminal threshold.

What Counts as Evidence in Domestic Violence Allegations?

Gathering evidence is important to support your case.  But courts do not simply rely on one person’s word against another’s. Instead, they look for supporting evidence, which can come from many sources:

• Police reports or criminal charges
• Medical records showing injuries
• Text messages, emails, or voicemails with threats or harassment
• Testimony from witnesses, neighbours, or professionals
• Records from social workers, counsellors, or shelters.

Of course it can take other forms, because your experience will be unique. But if you are going through a separation or divorce, it’s important to gather whatever evidence you can, to support your family law case.

Practical Tips for Assembling and Presenting Your Evidence

Gathering evidence is only the first step – presenting it in your case is equally important. Here are some practical tips for tackling those two jobs:

• Document Everything. Keep a record of incidents, including dates, times, and what happened. Save any communications (texts, emails, social media messages) that show threats or abusive behaviour.
• Seek Professional Support. If you have had to reach out to police, doctors, or a shelter, ask for copies of any reports or notes. These records carry weight in court.
• Consider Safety Planning. If you are in danger, contact police or a local shelter right away. Your safety – and your children’s safety – comes first. Immediate protections may be necessary, especially since Family court remedies can take time to put in place.
• Be Prepared for Cross-Examination. If you are making allegations of family violence against your Ex, you can probably expect they’ll challenge it. So it’s important to have clear, objective evidence to help your credibility.
• Work with Your Lawyer. Your lawyer can help you identify what evidence is most useful, how to present it effectively, and how to respond if allegations are made against you.

Why Gathering Evidence is Important

So far, we’ve talked about what family violence is, what kind of evidence you need, and how you should go about gathering and presenting it.  The next rational step is to ask:  Why is this evidence so important, for your Family case?

The answer is simple:  Canadian judges must always pay attention to what’s in your child’s “best interests”.  The safety and well-being of your children will always their prime concern.  It factors into their decisions on proposed parenting arrangements, decision-making responsibility (formerly called “custody”) and parenting time (formerly called “access”), among other things. The judges will scrutinize whether your proposals – and those of your Ex – are safe and appropriate for your child.

So any evidence of family violence that you can assemble will be critical to your case, because it can influence the judge’s decision on countless aspects of it.

Final Thoughts

Family violence is one of the most serious issues that Ontario family courts deal with. If you are being victimized in any way, feel free to contact our offices for compassionate and competent legal assistance.

Our experienced Family lawyers will help you put together the evidence you’ll need, and ultimately help you move forward with your life. Feel free to give our offices a Call or request a Free Consultation. Fine & Associates can work closely with you to ensure that your legal rights and family law proceedings are protected.