“Allegations involving intimate partner violence (IPV) are serious. Study after study has confirmed that as a facet of family (or domestic) violence, IPV reached a crisis point years ago and impacts the physical, sexual and mental health of survivors and has far-reaching impacts on children who are exposed to the trauma of family violence: Intimate partner violence in Canada, 2018: An Overview (Adam Cotter, Canadian Centre for Justice and Community Safety Statistics, Release date: April 26, 2021); also, Intimate Partner Violence in the Age of the Pandemic: Implications for Courts. National Judicial Institute, November 2020. But assessing IPV and family violence allegations at an interim stage of a court case is often fraught with evidentiary frailties, especially since credibility is so pivotal, and can be so elusive. The seriousness of the allegation must be balanced by appropriate caution at an early stage in a case. In De Rocchis v. De Rocchis, 2024 ONSC 3983, a case in which the mother alleged, and the father denied, repeated physical abuse, Sharma J. highlighted the delicate balancing act faced by the court in an interim motion:
[27] This Court must regularly consider allegations of family violence on an interim motion when, like in this case, there are competing versions of facts. The Legislature has nonetheless directed this Court to consider family violence and its implications even when making parenting orders – temporary or final. The allegations cannot be ignored. This presents challenges when the Court is forced to make interim findings on a contested affidavit record.
[28] Regrettably, there are cases where one parent makes false allegations of abuse, in the hopes of securing an “upper hand” in the family litigation. This is a reprehensible tactic because it can wrongfully deny children time with a parent. Alleged abusers often respond by saying the allegation is false and a mere tactic. When criminal charges are laid against an alleged abuser, that party may be instructed by criminal cases to be careful in responding to abuse allegations in the family proceeding.”
In finding that at least some of the family violence alleged by the mother in De Rocchis had likely occurred, Sharma J. observed that “… in the context of a parenting motion, I have to assess the potential for this violence to re-occur and the impact on the children…” in crafting an order: De Rocchis, at para. 33.