📰 Ontario’s Family Court Delays During COVID-19 Put IPV Survivors at Greater Risk

The COVID-19 pandemic reshaped every aspect of public life, but for survivors of intimate partner violence (IPV) in Ontario, one of the most devastating impacts was the slowdown of the family court system.

When lockdowns forced courts to shut down in 2020 and 2021, survivors were left waiting weeks or even months for urgent hearings on restraining orders, custody disputes, and divorce proceedings. These delays weren’t just inconveniences — they often meant living under continued abuse, harassment, and control.

The result was a legal bottleneck that magnified risks for women and children in households already marked by violence.

The Numbers Behind the Court Delays

• Nearly 1 in 4 family law cases (24%) during the pandemic included IPV allegations.

• Courts attempted to prioritize “urgent” cases, but the definition of urgency excluded many survivors at serious risk.

• Lawyers reported dozens of clients forced to remain with abusers because hearings for protection orders and custody changes were postponed.

• Shelter providers saw longer survivor stays, since many could not transition into independent housing without completed court orders.

How Court Delays Harmed Survivors

1. Restraining Orders Delayed

Survivors needing immediate protection were often unable to secure restraining or protection orders. In the meantime, they faced ongoing harassment, stalking, and threats from abusive partners.

2. Unsafe Custody Arrangements

Children were left in custody arrangements that exposed them to violent or controlling parents, putting them at risk of harm or abduction.

3. Financial Dependence Extended

Many divorce and support hearings were delayed, leaving survivors economically tied to abusers. Without settlements, they couldn’t secure independent housing, child support, or financial stability.

4. Heightened Femicide Risk

Advocacy groups documented an increase in femicides and near-lethal attacks during this period, correlating with the lack of timely legal protections.

Community Fallout and Systemic Failures

• Shelters Overburdened: Survivors stayed longer in emergency shelters, preventing space turnover for new clients.

• Advocacy Reports: Groups such as Women’s Shelters Canada and OAITH documented cases of survivors being retraumatized by delays.

• Erosion of Trust: Survivors reported feeling that the justice system failed them, with some calling the slow response a form of systemic violence in itself.

Calls for Reform

Advocates and legal experts argue Ontario must modernize its family court system to ensure future crises don’t leave survivors stranded. Key reforms include:

1. Permanent Virtual Hearings

   • Virtual platforms would ensure continuity of court services even during lockdowns or emergencies.

   • Survivors in rural or remote areas could also access hearings more easily.

2. Specialized IPV Training for Judges

   • Many judges lacked training on recognizing IPV urgency.

   • Specialized education would ensure consistent, survivor-centered decision-making.

3. Dedicated Family Violence Courts

   • Establishing courts focused exclusively on IPV and family violence cases would fast-track hearings and reduce backlogs.

4. Crisis Preparedness Plans

   • Ontario’s justice system must include emergency response protocols to keep survivor protections accessible during future public health or natural disasters.

Why It Matters

This crisis underscored a harsh truth: justice delayed can be justice denied. Survivors who summon the courage to seek legal protection cannot afford to wait months for relief.

For women and children trapped in violent households, every day without a court order is a day of heightened risk. Ontario’s experience during COVID-19 shows that legal access must be treated as an essential service, not a luxury subject to shutdowns.

Conclusion

Ontario’s family court delays during COVID-19 exposed dangerous gaps in the justice system’s ability to protect IPV survivors. While the pandemic was unprecedented, the failures it revealed were not. Survivors have long argued that the system is slow, unresponsive, and lacking in survivor-centered urgency.

To prevent future crises, Ontario must invest in virtual hearings, specialized IPV courts, and judicial training, ensuring that survivors never again face systemic abandonment during emergencies.

FAQs

1. What percentage of family law cases involved IPV during COVID-19?
About 24% of family law cases.

2. How did lockdowns affect survivors seeking protection?
They faced long delays for restraining orders, custody hearings, and divorce cases, leaving them vulnerable.

3. Why were shelters impacted by court closures?
Survivors were forced to stay longer in shelters while waiting for legal outcomes, reducing capacity for others.

4. What reforms are advocates demanding?
Virtual hearings, IPV training for judges, and dedicated family violence courts.

5. How did survivors view the justice system during this time?
Many lost trust, feeling the system failed to protect them and added to their trauma.