What are some of my options in a situation of domestic violence in my family law case?
In a family law case, any violence committed by a spouse against another spouse or against the children ought to be immediately reported to the police. The safety and well-being of the parties involved is paramount.
Restrictions can be put on the abuser’s conduct in the context of criminal proceedings.
Abuse of any threats may also be grounds for issuing a peace bond (also known as a recognizance). A peace bond or a recognizance is a court order that requires the defendant to keep the peace and be of good behaviour. Conditions may be attached to ensure the good conduct of the defendant. For example, a peace bond may delineate that the defendant not possess any firearms or ammunition.
In addition, abuse by a partner may be the grounds for certain tort actions, like the tort action for assault, battery, or intentional infliction of mental suffering.
These tort claims can be brought with the family law case. A separate action does not have to be started. In McLean v. Danicic (2009), 95 O.R. (3d) 570 (S.C.J.), tort damages were awarded for intentional infliction of mental suffering in the context of family law proceedings.
In this family law case, Harvison Young J. stated:
[84] More generally, s. 21.9 of the Courts of Justice Act, R.S.O. 1990, c. C.43, grants a Family Court jurisdiction, with leave of the judge, to hear and adjudicate upon related matters. Thus, though not pleaded explicitly, I can award damages under the tort of intentional infliction of mental suffering and emotional distress as was done in MacKay v. Buelow, [1995] O.J. No. 867. Because the allegations of fact in the statement of claim provide the basis for finding the necessary elements of the tort, I can consider whether the tort was in fact made out even though the tort itself was not pleaded.
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[88] An order will also issue restraining Mr. Danicic from harassing, molesting or annoying Ms. McLean or her counsel ...
If, in fact, the abuser does not have any financial resources, one may able to get compensation from the Criminal Injuries Compensation Board.
