What if I have family court and criminal court at the same time?

Families experiencing domestic violence might have family law and criminal law court cases at the same time. In Toronto, the Ontario Court of Justice (OCJ) tries to help these families by coordinating both cases.

Domestic violence is also called partner abuse, , and intimate partner violence (IPV).

If you live in Toronto

The OCJ has an Integrated Domestic Violence Court (IDVC) at 10 Armoury Street in Toronto. It deals with family and criminal law cases that involve partner abuse. Both cases are heard by the same judge.

But the IDVC does not hear all family law cases. It cannot hear cases that involve:

child protection

If you do not live in Toronto

If you do not live in Toronto, you have to go to family court for your family law issues and criminal court for criminal charges. This can be difficult. It also means you may get orders from both courts that conflict with each other.

For example, your family may say your partner has with the children. But your criminal court order may say your partner must stay away from you and the children.

The law says you must follow all court orders. So if there's a conflict, you might need to get one court to change their order.

Talk to a lawyer

It's a good idea to speak with a lawyer. If you have a lawyer for either case, it's important to tell them about:

any abuse in your relationship
if you or your partner is involved in another case at the same time
your immigration status if you're not a Canadian citizen or permanent resident

Your lawyer can then try and get an order that's best for your situation. For example, your lawyer can let the judge know that an order for is not suitable. And that your partner may use it to frighten or threaten you or your children.

Or your lawyer might be able to get a about right away if they can show that a delay could harm you or your children.

For more information on getting legal help, see Step 5.