127 Abuse: Child and Spousal
If your spouse is abusing you or your children, there are several things you can do. These include seeking shelter, having criminal charges laid, getting a peace bond, getting a family law restraining order or getting an order for exclusive possession of the family home. No one should have to remain in a dangerous or abusive situation. The law and community support make it possible to improve your situation.
• Seeking shelter
If you or your children are being abused, your first priority should be for your immediate safety and the safety of your children. There are many shelters for women which can provide a safe and supportive environment while you decide how to deal with the situation. You can contact an Ontario Women’s Directorate for more information about women’s shelters in your area. You may also want to contact the Ontario Association of Interval and Transition House. Contact information for this as well as Emergency numbers for assault victims, including the Assaulted Women’s Helpline, Child Abuse and the Children’s Aid Society, can be found on the Legal Line Access Guide or website.
• Having criminal charges laid
Whether you have left for a shelter or remain in your house, you can call the police. Many police forces in Ontario have a policy that they must lay charges for domestic assault situations. However, there are still some police forces that will not automatically lay charges. They will want to see some evidence of physical abuse before they lay a charge.
If the police are not willing to lay a criminal charge against your spouse you can take steps to have a criminal charge laid yourself. To do this, you have to meet with a justice of the peace and lay what is called an “information”. The information is a document that sets out what happened. If the justice of the peace thinks there is a good reason to believe you were assaulted, your spouse will have to face criminal charges. You can arrange to meet with a justice of the peace at most court offices.
• Peace bonds
If you do not want to lay a criminal charge against your spouse, you may want to get a peace bond. This is a court order that requires your spouse to be on good behaviour and keep the peace. To get a peace bond you will have to meet with a justice of the peace and explain what happened. The bond will usually last for one year. If the rules of the peace bond are broken, your spouse may be sent to jail.
• Restraining orders
Another option is to get a family law restraining order. This has generally the same effect as a peace bond. The advantage of a restraining order is that you can get one quickly from your local family court and without your spouse knowing. Once the court has granted you a restraining order, you should give a copy to your local police department.
• Exclusive possession of the family home
If you or your children are being abused and you want to get your spouse out of the family home, you can go to court and ask the judge for what is called “exclusive possession of the matrimonial home” together with the contents of the home. This is a court order that requires your spouse to live somewhere else. It gives you the right to live in the family home without your spouse even if your spouse is the legal owner of the home. The court may also order your spouse to pay you money for the upkeep of the house.
• Getting help
Domestic assault is a serious crime. Every person is entitled to be safe in their own home. By using some of the options discussed in this section you can significantly improve your situation.
For more information, refer to other sections of Legal Line. For legal advice, you should consult a lawyer.