An Exclusive Possession Order legally grants you the sole right to live in the matrimonial home, forcing an abusive spouse to leave. If they refuse, you must present the stamped court order to local police. The filing fee for an interim motion in Ontario is $0 CAD, or $214 CAD if starting a new application under the Family Law Act.
Leaving an abusive marriage is incredibly dangerous, and victims should not be forced to flee their own homes to find safety. Under Part II of the Ontario Family Law Act, married spouses have an equal right to stay in the matrimonial home. However, in cases of severe intimate partner violence, a judge can issue an Exclusive Possession Order. This legally ejects the abusive partner from the property, regardless of whose name is on the mortgage or deed.
Having a judge sign the order is only the first hurdle; getting the abusive spouse to actually leave is another. 📋 If they refuse to pack their bags, you must involve local law enforcement. Whether you live in Mississauga, Ottawa, or Kingston, knowing exactly what documents to hand the police is vital to ensuring a swift, safe eviction without escalating the violence.
Step-by-Step Process in Ontario
Police officers are often hesitant to get involved in civil family disputes unless they are presented with crystal-clear legal documentation. Here is how you can ensure law enforcement acts quickly to enforce your Exclusive Possession Order.
Step 1: Obtain a Clear, Enforceable Court Order
Work with your law firm to file an urgent (ex parte) motion for exclusive possession. 📖 It is critical that your lawyer includes a specific “police enforcement clause” within the draft order. This clause explicitly commands the Ontario Provincial Police (OPP) or local municipal police to assist in removing the spouse if they refuse to vacate peacefully.
Step 2: Keep Certified Copies Readily Available
Once the Superior Court of Justice grants the order, obtain several certified, court-stamped copies. Keep one copy on your person at all times, one in your car, and provide one to your local police precinct’s records department ahead of time if possible.
Step 3: Call Law Enforcement
If the abusive spouse shows up at the door or refuses to leave the living room, call the police immediately. 🚨 If there is an active threat of violence, dial 911. If they are simply refusing to leave but are not currently violent, call the local non-emergency line (e.g., the Toronto Police Service non-emergency number) and state you have an enforcement order.
Step 4: Present the Order to the Officers
When the police arrive, remain calm and hand them the court-stamped Exclusive Possession Order. Point out the police enforcement clause. The officers will read the document, verify its authenticity, and physically escort the abusive spouse off the property. The spouse will usually be given a few minutes to grab essential personal items like medications or a toothbrush.
Step 5: Change the Locks Immediately
As soon as the police remove the spouse, your very next call should be to a locksmith. 🔒 You have the legal right to secure the premises. Do not give the abusive spouse a new key. If they need to retrieve larger items (like furniture or tools), they must arrange a police escort or coordinate through your lawyers at a later date.
How Much Does it Cost in Ontario?
Securing an emergency order involves immediate legal and practical expenses. 💵 Budgeting for a lawyer to draft the motion properly is critical, as poorly worded orders are routinely rejected by police.
| Court Filing Fee (Motion for Exclusive Possession) | $0 ($214 if filing a new Application under the Family Law Act) |
| Lawyer Fees (Emergency Ex Parte Motion) | $3,500 – $7,500+ |
| Emergency Locksmith Services | $150 – $350 |
| Police Enforcement Fee | $0 (Public service) |
How Long Does the Process Take?
In cases of documented domestic violence, an Ontario judge can grant an emergency ex parte Exclusive Possession Order in as little as 24 to 48 hours. ⏳ Once the order is signed and in your hands, police response and physical removal of the abusive spouse usually takes only a matter of hours.
Frequently Asked Questions (FAQ)
Does getting exclusive possession mean I own the house?
No. Exclusive possession only grants you the temporary legal right to reside in the home. The final division of property and ultimate ownership will be settled later in the divorce proceedings.
Can I get an order if we are just common-law?
It is much harder. The Family Law Act rules for exclusive possession generally only apply to legally married couples. Common-law partners typically rely on a general Restraining Order to keep an abusive ex away from the property.
What if his name is the only one on the mortgage?
It does not matter. If you are legally married and it is the matrimonial home, an Ontario judge can order him to leave, even if he solely owns the property and pays the entire mortgage.
Can he come back with the police to get his clothes?
Yes. The evicted spouse can request a “civil standby” from local police to return to the home for a maximum of 15-30 minutes to collect basic necessities and work equipment.
What happens if he breaks a window to get back in?
If he breaches the Exclusive Possession Order and forces entry, call 911 immediately. He can be arrested and face severe criminal charges for breach of a court order and mischief.
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