What is Domestic Violence & Spousal Battery?

This article is a brief and general overview about Domestic Violence and Spousal Battery. Domestic Violence refers to physical violence as well as psychological, sexual, and financial abuse within a marriage, common-law partnership, or intimate relationship. 

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Spousal Battery refers to the most obvious form of domestic violence, which is where one spouse physically assaults the other. 

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What laws apply to Domestic Violence and Spousal Battery?​​​​

The Divorce Act, Family Law Act, and Children's Law Reform Act are the relevant laws that apply to domestic violence situations and spousal battery. If criminal charges are laid against you or your spouse for spousal battery, then you may be subject to the Criminal Code of Canada. 

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Important FAQs: 

​1. How is Domestic Violence & Spousal Battery relevant to Family Law? ​

Domestic Violence & Spousal Battery are relevant to Family Law as these topics can influence the manner in which the court makes a decision related to Parenting Time & Decision-making. 

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2. If I am being abused by my spouse or partner, how do I seek protection?​

There are 2 ways of seeking immediate protection from an abusive spouse or abusive partner: 

1. Seeking police intervention 

2. Go to family court and seek a restraining order. 

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