A pattern of coercive and controlling behaviour is family violence under the Divorce Act and the Children's Law Reform Act, whether or not anyone has been charged.
Section 2 of the Divorce Act and section 18 of the Children's Law Reform Act define family violence to include conduct that constitutes a pattern of coercive and controlling behaviour. The conduct need not be a criminal offence. It also includes conduct that is violent or threatening, or that causes a family member to fear for their own safety or for another person's safety. For a child, direct or indirect exposure counts.
When a court applies the best-interests test, section 16(4)(b) of the Divorce Act and section 24(4)(b) of the Children's Law Reform Act require it to take into account whether there is a pattern of coercive and controlling behaviour in relation to a family member. That factor sits beside the nature, seriousness and frequency of the violence, exposure of the child, harm, fear, and any steps taken to stop the behaviour. The whole list is on the Divorce Act page.
The family-violence definition lists conduct that includes psychological abuse, financial abuse, harassment including stalking, threats, physical abuse, sexual abuse, failure to provide the necessaries of life, and threats or harm to animals or property. A coercive pattern often shows up through those categories: controlling money, monitoring movements, isolating a person from family or work, threats about the children, or using immigration status or the court process itself as pressure. Those are illustrations of the statutory categories, not a test you can pass by counting items. The court looks for a pattern and for the impact on safety and on the child.
Litigation can be misused. It can also be a lawful response to a real dispute. The label does not attach to every hard separation. Evidence and the statutory factors decide it.
Bill C-332, a private member's bill from the previous Parliament, did not become law. In 2026 Parliament enacted a different bill. The Protecting Victims Act, S.C. 2026, c. 19, received royal assent on 18 June 2026. Section 28 of that Act creates Criminal Code section 264.01, an offence of engaging in a pattern of coercive or controlling conduct toward an intimate partner, with the intent, knowledge, or recklessness described in the section.
Section 205(2) of the same Act delays commencement of section 28. The offence comes into force on the second anniversary of royal assent, 18 June 2028, or on an earlier day fixed by the Governor in Council, and that earlier day must be after the thirtieth day following royal assent. Most other parts of the Act were written to start on that thirtieth day. The coercive-control offence was not. This firm does not prosecute charges and does not defend them. If you are charged, you need separate criminal counsel. Family court can consider the pattern under the Divorce Act and the Children's Law Reform Act in the meantime.
Statutes on this page were checked against the Ontario e-Laws consolidations current to 28 October 2026. Where a later amendment is marked not in force, the page says so.
A coercive pattern can matter to parenting orders, to whether the adults can be expected to cooperate, to restraining orders, and to exclusive possession where the parties are married. It can also sit beside a child-protection investigation. We take that pattern into the family case.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
These pages describe Ontario family-law issues that often arise together when there is family violence. Each one is general information.
Yes. A pattern of coercive and controlling behaviour is part of the definition of family violence in section 2 of the Divorce Act and section 18 of the Children's Law Reform Act. Section 16(4)(b) of the Divorce Act and section 24(4)(b) of the Children's Law Reform Act require the court to consider whether there is such a pattern. The conduct does not have to be a criminal offence.
Parliament enacted section 264.01 of the Criminal Code in the Protecting Victims Act, S.C. 2026, c. 19, which received royal assent on 18 June 2026. That section is one of the provisions delayed by section 205(2) of the Act. It comes into force on 18 June 2028, or on an earlier day fixed by order in council after the Act's 30-day commencement. This page does not treat the offence as something this firm prosecutes or defends. Confirm whether a proclamation has been made before relying on the offence.
No. The family-law definition is a legal test applied to evidence of a pattern, not a score. The statutes list kinds of conduct that family violence includes, such as psychological abuse, financial abuse, harassment, and threats. Isolated rudeness and a pattern that causes fear or controls daily life are not the same thing. A judge decides which it is.
No. The definition says the conduct need not constitute a criminal offence. A conviction is not required before family violence, including a coercive pattern, can be considered in a parenting case. A criminal case, if there is one, still needs its own lawyer.
Speak with Jared Persaud or Nazish Hussain about your case.
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