The legal framework
Criminal law is federal — assault, criminal harassment, uttering threats, and peace bonds — while protection orders are provincial. The Divorce Act, as amended in 2021, defines family violence broadly to include coercive controlling behaviour and requires courts to consider it in parenting decisions.
Key points
| Emergency protection orders | Available in most provinces, often obtainable through police out of hours |
|---|---|
| Peace bond | Criminal Code order requiring a person to keep the peace, available without a conviction |
| Family violence in parenting | Defined broadly in the Divorce Act since 2021, including coercive control |
| Firearms | Prohibition orders and licence revocation available |
| Residential tenancies | Most provinces allow early lease termination for victims |
| Immigration | Fee-exempt temporary resident permits for those facing abuse |
| Indigenous communities | Specific supports and Indigenous-led services exist across the country |
| No specific offence | Domestic violence is prosecuted under general assault and harassment offences |
| Coercive control | Proposed federally and already reflected in some provincial family law |
| Emergency intervention orders | Available from designated justices outside court hours in several provinces |
| Family law | Family violence is a defined factor in parenting decisions since 2021 |
In practice
- Build a record: dated notes, photographs, medical reports, messages and names of witnesses.
- Plan the exit before announcing it — separation is statistically the most dangerous period.
- Keep identity documents, some money and a spare set of keys somewhere safe outside the home.
- Tell schools and employers where safety arrangements are needed.
- Ask about an emergency protection order: several provinces grant them by telephone at night.
- Raise family violence explicitly in any parenting application — it is a statutory factor.
Cost and coverage
Applications are generally free; legal aid is available for family matters involving violence in most provinces.
Recent changes
Coercive control is not yet a stand-alone criminal offence federally, though bills have been introduced; it is already central in family law decision-making.
Where to go
- Provincial crisis lines and shelter networks; ShelterSafe maps shelters across Canada.
- Assaulted Women's Helpline 1-866-863-0511 (Ontario) and equivalents elsewhere.
- Victim services through provincial ministries and police services.
Worth knowing
Most provinces now allow a tenant experiencing violence to end a lease early with documentation — a practical route out that is often overlooked. Since the 2021 Divorce Act amendments, family violence must be considered in every parenting decision. Evidence of it changes the analysis directly.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations