How Divorce Lawyers Handle Stalking Allegations

Understanding Stalking in the Context of Divorce

Stalking is taken very seriously in Ontario’s family law system because it directly impacts safety, emotional well-being, and the fairness of legal proceedings. Divorce lawyers play a crucial role in helping clients identify, document, and respond to stalking behaviour.

Legal Definition of Stalking and Harassment

In Ontario, stalking is typically addressed under section 264 of the Criminal Code of Canada, which refers to “criminal harassment.” This includes repeated behaviour that causes the victim to reasonably fear for their safety. The Family Law Act and the Children’s Law Reform Act also recognize harassment and coercive control as relevant factors when courts decide parenting arrangements and support claims.

Common Examples During Separation

Stalking in divorce cases often goes beyond simple arguments. Lawyers frequently see:

• Unwanted surveillance – an ex-spouse following the other person to work, school, or social events.
• Excessive communication – repeated phone calls, texts, or emails meant to intimidate rather than resolve issues.
• Online harassment – tracking through social media, sending threatening messages, or using technology to monitor whereabouts.
• Physical presence – showing up unexpectedly at the other spouse’s home or workplace, creating fear or distress.

Why Stalking Allegations Are Taken Seriously

Ontario courts view stalking as a major red flag for family safety. Evidence of stalking can influence:

• Parenting decisions – A parent who engages in stalking may receive restricted access or supervised parenting time.
• Protective measures – Lawyers may apply for restraining orders under the Family Law Act or peace bonds under the Criminal Code.
• Settlement negotiations – Allegations of stalking can escalate a case, requiring additional safeguards before parties can reach an agreement.

Immediate Legal Steps Lawyers Take

When stalking allegations arise during a divorce, Ontario divorce lawyers move quickly to protect their clients’ safety and preserve evidence. Acting promptly is essential because stalking behaviour can escalate over time and may put one or both parties — and sometimes children — at risk.

Advising Clients to Document Incidents

Lawyers usually begin by instructing clients to document every incident of harassment in detail. This includes:

• Keeping a dated journal of events, noting time, location, and what occurred.
• Saving threatening texts, emails, or voicemail messages.
• Capturing screenshots of social media posts or online harassment.
• Gathering witness statements from friends, neighbours, or co-workers who observed the behaviour.

Applying for Restraining or Emergency Protection Orders

If there is a credible threat of harm, a lawyer may apply for a restraining order under the Family Law Act or seek an emergency order through the court. These orders can:

• Prohibit the alleged stalker from contacting or approaching the victim.
• Establish a geographic exclusion zone, such as staying a set distance away from a home or workplace.
• Include terms to protect children, such as supervised exchanges or neutral drop-off points.

In urgent situations, courts in Ontario can grant restraining orders on an ex parte basis (without notifying the other party first), ensuring immediate safety while the matter proceeds.

Notifying Police for Criminal Harassment

When the behaviour meets the threshold for criminal harassment under section 264 of the Criminal Code, lawyers often recommend filing a police report. Police can investigate and lay charges, which may result in bail conditions that prevent further contact. Lawyers work closely with law enforcement to coordinate safety planning and ensure that court orders align with criminal proceedings.

Gathering and Presenting Evidence

Types of Evidence to Collect

Lawyers typically encourage clients to gather a wide range of relevant, verifiable evidence, such as:

• Digital communications – texts, emails, direct messages, and call logs that demonstrate repeated contact or harassment.
• Photos and videos – images of the alleged stalker near the client’s home, workplace, or children’s school.
• Social media content – threatening posts, tagged photos, or messages that show a pattern of surveillance or intimidation.
• Witness statements – written or sworn statements from neighbours, friends, co-workers, or security personnel who observed the behaviour.
• Police reports – if law enforcement has been involved, incident numbers and officer notes can be powerful supporting evidence.

Importance of Timestamped Documentation

Courts in Ontario place great weight on chronological records that clearly establish a timeline of events. Timestamped documentation helps demonstrate:

• Frequency – showing that the conduct was persistent, not isolated.
• Escalation – proving that the behaviour intensified over time.
• Credibility – giving judges confidence that the evidence is accurate and contemporaneous.

Maintaining organized records — often in a secure digital format — allows lawyers to build a compelling narrative for the court.

Ensuring Evidence Is Legally Admissible

Not all evidence is admissible in family court. Lawyers remind clients to avoid illegal surveillance or privacy breaches, such as hacking email accounts or secretly recording conversations without consent where it violates privacy laws. Illegally obtained evidence can be excluded and may even expose the client to liability.

Protecting the Victim’s Safety During Proceedings

Seeking Exclusive Possession of the Matrimonial Home

When the stalking spouse still lives in the shared home, lawyers may apply for exclusive possession of the matrimonial home under Ontario’s Family Law Act. Exclusive possession orders are often accompanied by terms restricting the other party from entering or coming near the property.

Safety Planning with Police and Victim Services

In serious cases, lawyers work with local police services and victim support agencies to develop a comprehensive safety plan. This may include:

• Alerting police about ongoing threats or harassment.
• Connecting clients with Victim Services of Ontario for counselling, relocation assistance, and crisis intervention.
• Coordinating with shelters or safe houses if immediate relocation is necessary.

Using No-Contact and Supervised Access Orders

Where children are involved, courts in Ontario can issue no-contact orders or require supervised parenting time to protect both the victim and the children. These orders may specify:

• That all exchanges of the children take place at neutral, supervised locations.
• Prohibiting any direct communication except through approved channels (such as a parenting app).
• Temporary suspension of access if there is a clear risk to the child’s safety or well-being.

Addressing False or Malicious Stalking Allegations

Defending Clients Falsely Accused of Stalking

When a client is falsely accused, lawyers move quickly to gather exculpatory evidence that challenges the claims. This may include:

• Producing phone records, work schedules, or GPS data that show the client was elsewhere at the time of the alleged incidents.
• Collecting witness statements that contradict the complainant’s version of events.
• Demonstrating that the alleged “stalking behaviour” was actually legitimate contact (for example, coordinating child pick-ups or attending scheduled court appearances).

Challenging Weak or Fabricated Evidence

Ontario family courts rely on credible, admissible evidence. Lawyers defending against false allegations may:

• Cross-examine the other party and highlight inconsistencies in their testimony.
• Scrutinize the authenticity of screenshots, texts, or photos, especially if they appear altered or taken out of context.
• Request full disclosure of the complainant’s evidence and seek expert analysis when necessary.

Successfully discrediting weak or fabricated claims can prevent the issuance of unjust restraining orders and ensure a fair outcome.

Protecting Parental Rights and Reputation

False stalking allegations can severely affect parenting time and public perception. Lawyers work to:

• Preserve parenting rights by asking the court to base decisions on verified facts, not unproven allegations.
• Request interim relief (such as restoring parenting time) if restrictions were imposed due to false claims.
• Encourage compliance with existing court orders to avoid any appearance of retaliation, which could harm the client’s case.