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Family law in Ontario: Leaving an abusive relationship

No one deserves to be abused, nor should they be expected to stay in an abusive relationship. There are steps to take under family law in Ontario to leave such a relationship and get a court order to allow a judge to make some decisions about the situation. If abuse is part of the problem, getting a temporary order for protection of self, children and financial rights may be the first place to begin.

The situation might call for a restraining order to keep an abusive partner away from an estranged spouse and children. A supervised access order may also be needed so that a parent can only see his or her children when someone else is present. A non-removal order stipulates that a parent can't take a child out of a designated area within Ontario. These orders all serve to protect the safety of an abused partner and children.

There are two types of motions that can be filed with a family court: regular and urgent. Which is filed depends upon the severity of the situation. An urgent motion can either be filed with notice given to the alleged abusive partner or without notice to the partner -- also called an ex parte motion. If the alleged abusive spouse is given notice, a lawyer may put his or her practice address on the documents for the safety of his or her client and children.

An Ontario family law lawyer has the best interests of his or her client in mind. He or she may be able to provide to a client who is facing abuse and suggest possible remedies like filing one or more of these motions. A lawyer will be able to explain what the law says and how it pertains to each individual client.

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