Domestic Violence

Physical abuse is the use of force against another person that may or may not cause an injury. Examples include:

• Pushing, hitting or kicking
• Choking or biting
• Breaking bones or causing other serious injuries
• Using an object as a weapon
• Burning

Emotional abuse includes remarks or gestures used to belittle another person. The comments range from name-calling to threats of physical harm. Some examples include:

• Threats of physical harm
• Threats to damage personal property and possessions
• Damage to possessions to create fear or gain control
• Causing harm or threatening to harm other family members or pets

Sexual abuse includes any unwanted sexual act done by one person against another and includes a range of acts from kissing and touching to sexual intercourse. Police can pursue criminal charges even if there is no sign of physical injuries from the act.

Criminal harassment is a crime of power and control. Behaviour by one person that creates fear for the safety of another person is the simplest way to define this crime. Examples can include:

• Repeated telephone calls
• Sending emails or messages by text or social media
• Watching a person's home
• Following
• Other types of unwanted contact

An abusive partner may try to control the other partner by restricting what they can do and/or who they can see. This may also include restricting the partner's freedom to make personal choices. Abusive partners may restrict finances, access to vehicles, and access to phones or computers.

A peace bond is a court order that requires a person to keep the peace and follow any other conditions set by a Justice of the Peace. To obtain a peace bond, contact the Ontario Court of Justice.

A restraining order is a court order designed to help protect a person and their children. To obtain a restraining order you should attend Family Court or the Superior Court of Ontario. You can only get a restraining order if you have lived with the other person; you do not need to have children.

When police do not have reasonable grounds to lay a charge, the victim can swear to a private information before a Justice of the Peace, which may result in a charge against the abuser.

Unless a custody order has a clause directing police to enforce the terms, police will keep the peace and mediate the dispute. If one party is not following the order, you may need to return to court to obtain a clause directing police to enforce the order. If you are considering seeking a custody order, make sure the courts include the clause allowing police to enforce it.