Ex-Spouse Harassment Laws in Canada: What You Need to Know
From criminal harassment to restraining orders — a plain-language guide to your legal protections when a former partner won't stop.
Reviewed by
Deepa Tailor — Senior Family Lawyer, Tailor Law
"Harassment by a former partner is one of the most underreported issues in family law. Many clients don't realize they have legal options until the situation has escalated. Act early — the law gives you powerful tools."
30-Second Answer
In Canada, harassing an ex-spouse can constitute criminal harassment under the Criminal Code (s. 264), a civil tort, or a breach of a family court order. Victims can seek a restraining order, a peace bond, or call police. The key threshold is whether the conduct causes the victim to fear for their safety — repeated texts, calls, showing up uninvited, or monitoring movements can all qualify.
What Counts as Harassment in Canada?
Under s. 264 of the Criminal Code, criminal harassment requires: (1) repeated conduct, (2) that causes the victim to fear for their safety or the safety of someone known to them, and (3) the accused knew or was reckless about whether the conduct caused that fear.
Repeated Unwanted Contact
Calling, texting, emailing, or messaging on social media repeatedly after being told to stop.
Criminal Code s. 264(2)(a)Following or Watching
Showing up at your home, workplace, gym, or children's school without consent.
Criminal Code s. 264(2)(b)Threatening Conduct
Direct or indirect threats against you, your children, or people close to you.
Criminal Code s. 264(2)(c)Surveillance & Monitoring
Tracking your location via GPS, monitoring your social media, or hiring someone to follow you.
Criminal Code s. 264(2)(d)Online Harassment
Cyberstalking, posting private images, or coordinating others to harass you online.
Criminal Code s. 162.1 / s. 264Using Children as Messengers
Sending threatening or manipulative messages through your children to intimidate you.
Family court contempt / s. 264Your Legal Remedies
You have multiple overlapping legal tools — they can be used simultaneously.
Restraining Order (Family Court)
A civil order from the Ontario Superior Court or Family Court prohibiting your ex from contacting you or coming within a set distance. Breach is a criminal offence.
- File an application in family court
- Provide evidence of harassment
- Judge can grant on an emergency (ex parte) basis
- Enforceable by police
Peace Bond (Criminal Court)
A recognizance under s. 810 of the Criminal Code. Your ex must promise to keep the peace and stay away. No criminal conviction required — just reasonable fear.
- Apply through the Crown or directly to a JP
- No need to prove a crime occurred
- Conditions set by the court
- Breach results in criminal charges
Criminal Harassment Charge
If the conduct meets the s. 264 threshold, police can lay criminal charges. Maximum sentence is 10 years imprisonment on indictment.
- Report to police with documented evidence
- Police investigate and may arrest
- Crown decides whether to prosecute
- Conviction carries up to 10 years
Civil Lawsuit (Tort)
Ontario courts recognize the tort of harassment and intentional infliction of mental suffering. You can sue for damages including emotional distress.
- Retain a civil litigation lawyer
- Document all incidents and losses
- File a Statement of Claim
- Seek compensatory and punitive damages
Evidence Checklist: What to Collect
Courts and police need documented patterns, not just your word. Start collecting evidence immediately — even before you decide what legal step to take.
- Screenshots of all texts, emails, and social media messages (with timestamps)
- Call logs showing repeated contact (export from your phone carrier)
- A written incident log: date, time, location, what happened, witnesses
- Photos or video of your ex near your home, workplace, or children's school
- Voicemails saved and backed up to a second device or cloud storage
- Witness statements from neighbours, coworkers, or friends who observed incidents
- Any prior police reports or 911 call records
- Medical or therapy records documenting emotional distress
- Copies of any existing court orders your ex is violating
Important: Do not delete any messages — even ones that seem minor. Courts look for patterns, and a single "harmless" message may be part of a larger pattern of harassment.
Myths vs. Reality
Myth
"It's not harassment if we were married."
Reality
Marital history is irrelevant. The Criminal Code applies equally to current and former spouses. In fact, domestic relationships are treated as an aggravating factor at sentencing.
Myth
"They only texted me — that's not a crime."
Reality
Repeated unwanted communication is explicitly listed in s. 264(2)(a). Volume and persistence matter more than the medium.
Myth
"I have to wait until they physically hurt me."
Reality
You do not need to be physically harmed. Causing you to reasonably fear for your safety is sufficient for criminal harassment charges.
Myth
"A restraining order won't stop them anyway."
Reality
Breaching a restraining order is a criminal offence. Police can arrest on the spot. Courts take breaches very seriously and often impose jail time.
Myth
"If I respond to their messages, it cancels out the harassment."
Reality
Responding does not consent to harassment. However, it can complicate your case — consult a lawyer before engaging.
Frequently Asked Questions
Deepa Tailor
Senior Family Lawyer
Deepa Tailor has extensive experience helping clients obtain emergency protection orders and navigate the intersection of criminal and family law when a former partner's conduct crosses the line.
View Full BioBeing Harassed by an Ex? You Have Legal Options.
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