Domestic Violence Protection Act, 2000, S.O. 2000, c. 33

• Jurisdiction: Ontario

Domestic Violence Protection Act, 2000

S.O. 2000, CHAPTER 33

Historical version for the period March 9, 2005 to May 13, 2009.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2000, c. 33, s. 23.

Last amendment: 2005, c. 5, s. 20.

Definitions

1. (1) In this Act,

“applicant” means an applicant for an intervention order or an emergency intervention order; (“requérant”)

“child” means a person under the age of 18; (“enfant”)

“cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

“court” means the Superior Court of Justice; (“tribunal”)

“designated judge or justice” means a judge of the Ontario Court of Justice or justice of the peace designated under section 13; (“juge désigné”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“relative” means any person related to another person by blood, marriage or adoption; (“parent”)

“residence” includes a residence that a person has vacated due to domestic violence; (“résidence”)

“respondent” means the respondent to an application for an intervention order or an emergency intervention order; (“intimé”)

“weapon” means weapon as defined in the Criminal Code (Canada). (“arme”) 2000, c. 33, s. 1 (1).

Domestic violence

(2) For the purposes of this Act, domestic violence means the following acts or omissions committed against an applicant, an applicant’s relative or any child:

1. An assault that consists of the intentional application of force that causes the applicant to fear for his or her safety, but does not include any act committed in self-defence.

2. An intentional or reckless act or omission that causes bodily harm or damage to property.

3. An act or omission or threatened act or omission that causes the applicant to fear for his or her safety.

4. Forced physical confinement, without lawful authority.

5. Sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation.

6. A series of acts which collectively causes the applicant to fear for his or her safety, including following, contacting, communicating with, observing or recording any person. 2000, c. 33, s. 1 (2).

Same

(3) Domestic violence may be found to have occurred for the purposes of this Act whether or not, in respect of any act or omission described in subsection (2), a charge has been laid or dismissed or withdrawn or a conviction has been or could be obtained. 2000, c. 33, s. 1 (3).

Applicants

2. (1) Subject to subsection (2), the following persons may apply for an intervention order or an emergency intervention order:

1. A spouse or former spouse, within the meaning of Part III of the Family Law Act, of the respondent.

2. Repealed: 2005, c. 5, s. 20.

3. A person who is cohabiting with the respondent, or who has cohabited with the respondent for any period of time, whether or not they are cohabiting at the time of the application.

4. A person who is or was in a dating relationship with the respondent.

5. A relative of the respondent who resides with the respondent. 2000, c. 33, s. 2 (1); 2005, c. 5, s. 20.

Age restriction

(2) A person must be at least 16 years old to apply for, or be the respondent to an application for, an intervention order or an emergency intervention order. 2000, c. 33, s. 2 (2).

Intervention order

3. (1) On application with notice to the respondent, the court may make a temporary or final intervention order if it is satisfied on a balance of probabilities that,

(a) domestic violence has occurred; and

(b) a person or property may be at risk of harm or damage. 2000, c. 33, s. 3 (1).

Contents of order

(2) An intervention order may contain any or all of the following provisions that the court considers appropriate in the circumstances for the protection of any person or property that may be at risk of harm or damage or for the assistance of the applicant or any child:

1. Restraining the respondent from attending at or near, or entering, any place that is attended regularly by the applicant, a relative of the applicant, any child or any other specified person, including a residence, property, business, school or place of employment.

2. Restraining the respondent from engaging in any specified conduct that is threatening, annoying or harassing to the applicant, a relative of the applicant, any child or any other specified person.

3. Requiring the respondent to vacate the applicant’s residence, either immediately or within a specified period of time.

4. Requiring a peace officer, within a specified period of time, to accompany the applicant, respondent or a specified person to the applicant’s residence and supervise the removal of that person’s or another named person’s belongings.

5. Restraining the respondent from contacting or communicating with the applicant or any other specified person, directly or indirectly.

6. Restraining the respondent from following the applicant or any other specified person from place to place, or from being within a specified distance of the applicant or other specified person.

7. Requiring a peace officer to seize,

i. any weapons where the weapons have been used or have been threatened to be used to commit domestic violence, and

ii. any documents that authorize the respondent to own, possess or control a weapon described in subparagraph i.

8. Granting the applicant exclusive possession of the residence shared by the applicant and the respondent, regardless of ownership.

9. Requiring the respondent to pay the applicant compensation for monetary losses suffered by the applicant or any child as a direct result of the domestic violence, the amount of which may be summarily determined by the court, including loss of earnings or support, medical or dental expenses, out-of-pocket expenses for injuries sustained, moving and accommodation expenses and the costs, including legal fees, of an application under this Act.

10. Granting the applicant or respondent temporary possession and exclusive use of specified personal property.

11. Restraining the respondent from taking, converting, damaging or otherwise dealing with property in which the applicant has an interest.

12. Requiring the respondent to attend specified counselling.

13. Recommending that a child attend specified counselling at the respondent’s expense. 2000, c. 33, s. 3 (2).

Other proceedings

(3) An application under this section shall contain a summary of all previous and current court proceedings and orders affecting the applicant and respondent, including all applications and orders under this Act. 2000, c. 33, s. 3 (3).

Terms

(4) Subject to subsection (5), any provision of an intervention order described in subsection (2) may be subject to such terms as the court considers appropriate, including a term that specifies the period of time for which the provision shall be in force. 2000, c. 33, s. 3 (4).

Same

(5) A provision of an intervention order described in paragraph 7 of subsection (2) shall cease to be in force if an order or final determination with respect to the respondent’s ownership, possession or control of weapons is made under the Criminal Code (Canada) or the Firearms Act (Canada). 2000, c. 33, s. 3 (5).

Enforcement

(6) A provision of an intervention order described in paragraph 1, 2, 3, 4, 5, 6, 7 or 8 of subsection (2) shall be enforced by peace officers under the Criminal Code (Canada). 2000, c. 33, s. 3 (6).

Same

(7) A provision of an intervention order described in paragraph 9, 10, 11, 12 or 13 of subsection (2) may be secured by a requirement that the respondent,

(a) post a...