In Ontario, it is generally illegal to change the locks on a matrimonial home to lock out your legally married spouse without a judge’s permission. Doing so without an Exclusive Possession Order or a restraining order may result in local police forcing you to allow the abusive spouse back inside.
When you are living with an abusive partner, the instinct to protect yourself and your children is overpowering. It seems like basic common sense to call a locksmith, change the deadbolts, and keep the abuser out. However, family law in Ontario operates under incredibly strict property rules that can unexpectedly backfire on victims if they act without court permission.
Whether your home is a condo in Toronto, a suburban house in London, or an estate in Hamilton, a legally married spouse has an absolute, statutory right to enter the “matrimonial home.” 📍 This is true even if your name is the only one on the mortgage or the property deed. Navigating this dangerous period requires strategic legal advice, and we strongly suggest consulting a local family lawyer from our directory before taking unilateral action.
Step-by-Step Process: How to Legally Keep an Abuser Out
You cannot rely on a locksmith to solve a family law dispute. You must use the justice system to officially strip the abusive spouse of their legal right to enter the property.
Step 1: Do Not Act Unilaterally
If you change the locks without an order, your spouse can simply call the police. 👮 Because both married spouses have equal right to the matrimonial home under the Ontario Family Law Act, the police will usually tell you that it is a “civil matter” and may stand by while the abusive spouse hires their own locksmith to drill out your new lock and re-enter.
Step 2: File for an Exclusive Possession Order
The proper legal channel is to have your law firm apply for an Exclusive Possession Order at the Superior Court of Justice. This legally evicts the other spouse and explicitly gives you permission to change the locks. You must provide an affidavit detailing the domestic violence and explaining why remaining together is a danger to you or your children.
Step 3: Secure a Restraining Order (If Applicable)
If you are common-law (not legally married), the matrimonial home rules do not apply, but you still need legal backing if their name is on the lease or deed. 🗂 In cases of severe abuse, applying for a restraining order or a criminal peace bond will legally force them to stay a certain distance away from you and your residence.
Step 4: Coordinate with Law Enforcement
Once a judge signs the order, you are legally protected. You can then hire a locksmith. If the abusive spouse attempts to return, they are no longer committing a “civil dispute”-they are breaching a court order, which is a criminal offence that will result in their immediate arrest.
How Much Does it Cost in Ontario?
Securing the right to change your locks involves court procedures, not just hardware costs. 💰 As of May 2026, here are the estimated costs in Canadian dollars:
- Locksmith Fees: Standard residential lock replacement generally costs between $150 and $300 CAD per door.
- Court Filing Fees: Filing an urgent motion for exclusive possession is tied to your main application, which has a base fee of roughly $220 to $632 CAD.
- Lawyer Fees: An Ontario family law firm will typically charge between $3,500 and $7,000 CAD to draft and argue an emergency motion based on domestic violence.
| Action Taken | Legal Status | Potential Consequence |
|---|---|---|
| Changing locks with no court order | Generally Illegal (if married) | Police may force entry for spouse |
| Changing locks with a Restraining Order | Legal & Protected | Abuser faces arrest if they return |
| Changing locks on a common-law partner | Depends on Title/Lease | Highly complex; requires legal counsel |
How Long Does the Process Take?
If you are in immediate danger, the legal system can move very fast. 🕑 An urgent, ex parte (without notice) motion for exclusive possession or a temporary restraining order can be brought before an Ontario judge within 24 to 48 hours.
If the threat is not deemed an immediate emergency by the court, a standard motion to secure the home takes about 4 to 8 weeks. If you cannot wait that long safely, your lawyer will advise you to move to a shelter or stay with family until the court date.
Frequently Asked Questions (FAQ)
My name is the only one on the deed. Can I change the locks?
If you are legally married, no. The Family Law Act states that the home you ordinarily occupy as a family is the “matrimonial home.” Title does not matter. They have an equal right to possess the home until a judge says otherwise or you officially divorce.
What if we are renting the house?
If both of your names are on the residential lease, you cannot unilaterally lock them out. You either need a family court order, or you can use Form N15 under the Residential Tenancies Act to safely break your own lease and move out within 28 days.
Can the police legally change the locks for me?
No. The police do not have the authority to change property locks. Their job is to enforce court orders or criminal laws. Once you have an Exclusive Possession Order, you hire the locksmith, and the police ensure the abuser stays away.
What if my spouse voluntarily left after a fight?
If they packed their bags and left voluntarily, you still should not change the locks immediately without a separation agreement or court order. They retain their legal right to return to the matrimonial home at any time until an agreement is formalized.
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