Domestic Violence & Protection Order Lawyer in Whitby
Legal Protection From Domestic Violence
If you or someone you love is experiencing domestic violence, you deserve immediate legal protection and compassionate support. At Barnett Law, we understand how frightening and overwhelming this situation can be. Our Whitby family law team is here to help you understand your legal options, obtain protection orders, and take the steps necessary to keep you and your children safe.
Every consultation is strictly confidential. We prioritize your safety above all else and will work quickly to secure the legal remedies you need.
Domestic Violence Legal Support
Urgent legal protection for victims of domestic abuse in Durham Region.
1
Emergency Protection Orders
We act quickly to obtain restraining orders, exclusive possession orders, and emergency custody arrangements.
2
Safety Planning & Support
Legal strategies to protect you and your children while navigating separation from an abusive partner.
3
Impact on Family Law Cases
Domestic violence affects custody, access, and support — we ensure the court understands the full picture.
Impact of Domestic Violence on Family Law Cases
- Custody decisions — courts consider domestic violence when determining the best interests of children
- Access restrictions — supervised visits or no-contact orders may be imposed
- Spousal support — abuse may factor into support entitlement and duration
- Property division — dissipation of assets during abuse may affect equalization
Domestic violence has a significant impact on many aspects of family law, including child custody and access, property division, and spousal support.
Child Custody and Access
Under the Divorce Act and the Children’s Law Reform Act, the court must consider family violence when determining the best interests of the child. The 2021 amendments to the Divorce Act specifically require courts to consider any family violence and its impact on the child and the ability of the person who engaged in the violence to care for and meet the needs of the child.
A history of domestic violence may result in restricted access, supervised visitation, or sole custody being granted to the non-abusive parent. The court takes a protective approach to ensure the child’s safety and well-being.
Property and Support
Domestic violence can also affect property division and support claims. An exclusive possession order can ensure the victim remains in the matrimonial home. Courts may also consider domestic violence when awarding spousal support, particularly where the violence has impacted the victim’s ability to become financially independent.
Resources for Victims of Domestic Violence in Durham Region
1. Victim Services of Durham Region — 24-hour crisis
Victim Services of Durham Region — 24-hour crisis support: (905) 579-1520 ext. 5000
2. Durham Rape Crisis Centre — (905) 668-9200
Durham Rape Crisis Centre — (905) 668-9200
3. Bethesda House (Bowmanville) — Emergency shelter f
Bethesda House (Bowmanville) — Emergency shelter for women and children
4. Denise House (Oshawa) — Emergency shelter: (905) 7
Denise House (Oshawa) — Emergency shelter: (905) 728-7311
5. Assaulted Women's Helpline — 1-866-863-0511 (toll-
Assaulted Women’s Helpline — 1-866-863-0511 (toll-free, 24/7)
Frequently Asked Questions
How quickly can I get a restraining order in Ontario?
In urgent situations, you may be able to obtain an emergency (ex parte) restraining order within days. The court recognizes the time-sensitive nature of domestic violence cases and can expedite the process when there is an immediate risk of harm.
What is the difference between a restraining order and a peace bond?
A restraining order is a civil order obtained through family court under the Family Law Act, while a peace bond is a criminal order obtained through the criminal courts under section 810 of the Criminal Code. Both restrict the respondent’s behaviour, but a breach of a peace bond carries criminal penalties.
Can I get a protection order if I am in a common-law relationship?
Yes. If you have cohabited in a conjugal relationship, you may apply for a restraining order under section 46 of the Family Law Act. You may also apply for a peace bond regardless of your relationship status.
What happens if my abuser violates a protection order?
A breach of a restraining order or peace bond is a serious matter. You should contact the police immediately. A breach of a peace bond is a criminal offence that can result in arrest and criminal charges. A breach of a family court restraining order can result in contempt of court proceedings.
Will domestic violence affect my custody case?
Yes. Ontario courts are required to consider family violence when making custody and access decisions. Evidence of domestic violence can significantly impact the outcome of your custody case, often in favour of the non-abusive parent.
Related Services
Child Custody
Divorce
Parental Abduction
Contact Barnett Law Today
If you require more information about our real estate services, please don’t hesitate to message or call us during business hours. Our team will be delighted to support you by answering your queries or setting up an appointment with our real estate lawyer Whitby.
As a top law firm in Canada, you can rely on us to handle your case with confidentiality and professionalism. Get in touch with us today to start your journey towards a successful real estate dispute claim. 1+ (647) 936-2529
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