The legal understanding of “family violence” has significantly evolved over the past decade, extending well beyond physical abuse. Courts federally and those in Ontario and British Columbia have increasingly recognized psychological, emotional and financial abuse as critical components of violence in family disputes.
In the Ontario case Menchella v. Menchella (2012 ONSC 6304), relentless and abusive text messaging was recognized as constituting “violence” under Ontario’s Family Law Act, thereby justifying an order granting exclusive possession of the matrimonial home.
Similarly, in British Columbia, the case M.W.B. v. A.R.B. (2012 BCSC 885) underscored the expansion of what constitutes family violence. The court determined that the mother’s obstructionist and litigious behaviour itself amounted to family violence. Her actions included repeatedly disobeying court orders, impeding sale of jointly-owned property, and intentionally inflicting emotional and financial harm on the father, directly impacting the well-being of their child. The court’s interpretation relied on the B.C. Family Law Act’s broad definition, which includes physical, psychological or emotional abuse, intimidation, harassment, coercion and intentional property damage.
Since these landmark cases, legal definitions have further expanded and clarified, particularly following the 2021 amendments to Canada’s Federal Divorce Act. These amendments explicitly define family violence to include psychological, emotional, sexual and financial abuse, and specifically recognize coercive and controlling behaviour.
Ontario has also proposed updates to its Family Law Act, aligning with this broader recognition of intimate partner violence and non-physical abuse. These developments underscore the importance of understanding how courts now assess family violence. Individuals involved in family disputes must recognize that abuse behaviours, even without physical harm, can significantly influence custody decisions, parenting arrangements and property division.
The courts continue to balance the broadening definitions of family violence with careful consideration to avoid misuse or trivialization of these critical protections. As our legal understanding evolves, it is essential for families and legal professionals to stay informed about the expanding scope of behaviours considered violent and their potential consequences in family law disputes.
Cases:
M.W.B. v. A.R.B., 2013 BCSC 885 (CanLII) http://canlii.ca/t/fxjb5
Menchella v. Menchella http://canlii.ca/t/ftmth
This blog has been updated from an original FamilyLLB.com blog posted in 2013.
