Many people think of criminal law as a separate world from civil disputes. In practice, the two often intersect. Allegations that involve the police, such as assault, harassment, theft, fraud, or property damage, can create both criminal exposure and civil consequences.
When a criminal investigation or charge runs alongside a civil matter, it can affect timelines, communications between parties, and the availability of evidence. It can also change the strategic choices you make in your civil case. Below we will touch upon how criminal charges can arise in family and employment disputes, and how they may affect parenting arrangements, workplace decisions, and the civil steps you take while a criminal process is ongoing.
Criminal and Family Law
Criminal charges can arise in the family-law context, particularly where there are allegations of intimate partner violence, harassment, or threats. Sometimes disclosure happens immediately after an incident; other times it occurs later for a variety of reasons. The timing of allegations may become an issue in litigation, but it does not, on its own, determine what is true or what a court will ultimately find.
A criminal matter does not automatically stop a separation or divorce process, but it can change how a family file proceeds. Common examples include:
- Release (bail) conditions: A no‑contact or no‑go condition can make routine separation logistics, such as exchanging children, gathering belongings, or discussing finances, more complex. These issues can often be managed through counsel, structured communication methods, and (where appropriate) criminal-court variations or exceptions.
- Evidence and self‑incrimination concerns: Steps in a family file (for example, questioning under oath) may raise concerns for an accused person in a parallel criminal process. In some cases, parties seek to adjust scheduling or narrow issues temporarily so that safety and fairness are maintained.
- Safety‑focused family relief: Depending on the circumstances, parties may seek restraining orders, exclusive possession of the home, or parenting arrangements that reflect safety concerns. Family courts focus on best interests of children and safety, which can be informed by (but is not limited to) what is happening in criminal court.
Criminal and Employment Law
Employment disputes sometimes involve conduct that is also criminal, such as theft, fraud, workplace violence, harassment, mischief (property damage), or breaches of trust. Where criminal allegations are involved, employers should move carefully: preserve evidence, conduct a fair investigation, and consider privacy and workplace‑safety obligations.
If an employee is charged with an offence outside of work, employers should remember that a charge is an allegation, not a finding of guilt. The key question is often whether there is a real connection to the job, workplace safety, or the employer’s legitimate business interests.
Depending on the facts, options may include an administrative leave (with appropriate legal advice), modified duties, or, in some cases, termination. Termination without cause generally requires notice or pay in lieu of notice and statutory entitlements. Termination for just cause is a high bar and is highly fact‑specific.
Ontario’s Human Rights Code protects “record of offences” in employment, which matters because it limits when an employer can rely on certain offence history in hiring, discipline, or termination decisions. The protection is narrowly defined: it generally applies to (a) a criminal conviction that has received a record suspension (formerly called a “pardon”) under the federal Criminal Records Act and has not been revoked, and (b) convictions under provincial legislation. It typically does not extend to arrests, police contact, or outstanding charges.
In practical terms, employers should be cautious with blanket screening and application-stage questions. The Ontario Human Rights Commission explains that job applicants should not be asked whether they have “any kind of criminal record”; questions should be tailored by asking whether the person has been convicted of a criminal offence for which they have not received a record suspension.
If a conviction is disclosed and falls within the protected “record of offences” ground, employers should generally use an individualized assessment rather than an automatic exclusion. For example, if the role is a night-time cleaner with unsupervised access to secure areas, a past theft-related conviction may be a relevant consideration in assessing job-related risk. However, an employer should still look at the full context, including the nature of the offence, how long ago it occurred, what has changed since (including rehabilitation), and whether there are reasonable alternatives to manage any risk. Refusing to hire (or imposing consequences) based on a protected record is generally defensible only where an employer can show the requirement is reasonable and bona fide.
Final thoughts
Legal problems rarely arrive in neat categories. When criminal and civil issues overlap, good outcomes often depend on coordination, careful communication, and a plan that accounts for both processes. While Pavey Law does not practise criminal law, some civil files have a criminal component. In those situations, we work alongside criminal defence counsel to coordinate timelines, reduce unnecessary risk, and ensure the civil and criminal pieces align.
If you have a civil matter that may involve criminal allegations, or you’re unsure, contact Pavey Law. We can advise on the civil and litigation issues and help connect you with appropriate criminal counsel where needed.
Disclaimer: This post is for general information only and is not legal advice. Every situation is fact‑specific.