When spouses separate, allegations of family violence can heavily influence decisions regarding parenting arrangements, spousal support, and even property division. It is critical for spouses navigating family law proceedings to understand that the legal standards in criminal and family courts are fundamentally different. This distinction is well illustrated in the recent Ontario Court of Appeal decision in Wang v. Li, 2024 ONCA 819, which underscores the limitations of relying on criminal court outcomes in family law matters.
In Wang v. Li, the appellant sought to downplay allegations of family violence by arguing that the criminal charges against him had been withdrawn after he entered into a Peace Bond. However, the Court of Appeal made it clear that such criminal court outcomes do not automatically negate findings of family violence in family court proceedings.
The Court explained:
“[T]he trial judge noted that the charges against the appellant were withdrawn after he entered into a Peace Bond. In any event, even where criminal charges are dismissed after a trial, the result in the criminal proceedings is not binding in civil proceedings in which the standard of proof is on a balance of probabilities.”
This statement reinforces a crucial point: a Peace Bond is not an acquittal. It is simply an agreement to maintain certain conditions, often entered into without any admission of guilt or wrongdoing. While it may resolve the immediate criminal matter, it does not equate to a determination that no family violence occurred.
Criminal proceedings require the Crown Attorney to prove guilt “beyond a reasonable doubt,” a high threshold designed to safeguard against wrongful convictions. Family courts, by contrast, apply the “balance of probabilities” standard. This lower standard asks whether it is more likely than not that an allegation is true, reflecting the court’s focus on the best interests of the child and the safety of the parties.
As the Court of Appeal noted, even the dismissal of criminal charges after a trial does not bind a family court judge. The family court is entitled – and indeed required – to independently assess the evidence presented in the context of the family law matter. This divergence exists because family courts prioritize the protection of vulnerable parties, especially children, and the promotion of healthy familial relationships.
For separating spouses, Wang v. Li highlights the need for a nuanced understanding of how family violence allegations are evaluated. Entering into a Peace Bond might resolve a criminal case, but it does not shield an alleged abusive spouse from scrutiny in family court. Judges in family law proceedings will examine the evidence presented to them and make findings based on the balance of probabilities, regardless of the outcome of any parallel criminal case.
In Wang v. Li, the appellant’s reliance on the withdrawal of criminal charges was insufficient to overturn the family court’s findings of violence. This case serves as a cautionary tale for those seeking to avoid accountability for abusive behaviour by relying on criminal court outcomes. The Court of Appeal’s decision reinforces that family courts are not beholden to criminal court findings, particularly when the safety and well-being of children and other family members are at stake.
If you are navigating criminal charges and allegations of family violence in a family law dispute, it is critical to seek legal advice tailored to your unique circumstances. An experienced family lawyer can help present your case effectively, ensuring that your rights – and the rights of your children – are protected in this complex legal landscape.
CASE LINK: https://www.canlii.org/en/on/onca/doc/2024/2024onca819/2024onca819.html
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