DOMESTIC VIOLENCE AND PROTECTION ORDERS

Domestic violence can take many forms — and so can legal protections. This guide explains how to obtain a protection order, a recognizance (810), or an electronic monitoring bracelet, whether you are the victim or the person named in an order.

Domestic Violence and Protection Orders in Quebec

You are experiencing domestic violence, or you fear for your safety or the safety of your children. You do not know where to start, or what legal tools exist to protect you. This guide explains the protective measures available in Quebec — civil orders, Criminal Code recognizances ("810s"), release conditions, electronic monitoring bracelets, the specialized court — and how to access them, step by step. Whether you are the victim seeking protection, or the person named in an order, this guide covers both perspectives.

1. What is Domestic Violence — Legal Definition

Domestic violence is not an offence in itself under the Canadian Criminal Code — it is the acts committed in a conjugal context that constitute offences. Quebec law recognizes several forms of violence in an intimate relationship, current or past:

  • Physical violence — assault, injury, physical restraint
  • Psychological and verbal violence — screaming, threats, surveillance, social isolation, belittling, humiliation, coercive control
  • Sexual violence — sexual assault, harassment, non-consensual sharing of intimate images
  • Economic violence — control of income, prohibition from working, fraud, theft
  • Harassment and intimidation — repetitive communications, stalking, online surveillance, destruction of property

Important: The conjugal relationship includes current AND former partners (married spouses, common-law partners, intimate partners). Protection applies even after separation. You have the right to protection whether you file a complaint or not.

2. The Three Main Avenues of Protection

Depending on your situation, you can combine these avenues — they are not mutually exclusive.

  • Civil avenue — protection order (Superior Court): no criminal complaint required
  • Criminal avenue — recognizance 810 / 810.03, release conditions, criminal charge
  • Family avenue — non-communication order within the framework of a separation or divorce

3. The Civil Protection Order (art. 515.1 C.C.P.)

Since June 4, 2025, Bill 73 (S.Q. 2024, c. 37) has expanded and simplified the civil protection order. It is now governed by articles 515.1 to 515.4 of the Code of Civil Procedure and is available to any person who fears that their life, health or physical or psychological safety is threatened — even without a criminal offence having been committed.

What the Order Can Impose

  • Not to intimidate, harass or communicate with you (text, email, social media, through a third party)
  • To leave the family home and not return
  • To stay away from the home, workplace, children's school
  • To cease all threatening behaviour (harassment, intimidation, surveillance)
  • Not to possess a firearm (emergency order of 30 days or for the entire duration)

Major Advantages

  • No criminal complaint required: you are not required to file a police complaint to obtain one
  • Immediately enforceable: the order takes effect upon being pronounced, even if appealed
  • Maximum duration: 5 years (formerly 3 years before Bill 73)
  • If the order is not complied with: call 911. Depending on the facts, the breach can result in criminal consequences (harassment, threats, disobedience to a court order, etc.)

Emergency Order — Without Notification (10 Days)

The court can issue an emergency order for a maximum of 10 days without notifying the other party, if the situation requires it. After these 10 days, a hearing is held with both parties.

How to Apply

  • Form SJ-1318-2 to be filed at the registry of the Superior Court in your district. A citizen's guide is available on Quebec.ca to help you complete it.
  • The application is deemed made under oath — you do not need a notary or commissioner of oaths
  • An organization can file the application on your behalf with your consent or if the court authorizes it
  • Rebâtir: free 4-hour legal consultation with a lawyer, regardless of your income, for victims of domestic or sexual violence

Notification and Address Protection

Once the order is pronounced, the clerk transmits it without delay to the parties and to the police force in the applicant's place of residence. Address protection: measures exist to limit the disclosure of your address in the court file. Ask at the registry or consult a lawyer about how to proceed in your district.

💡 AI Tip: an AI assistant can help you complete form SJ-1318-2 section by section, in plain language. Ask it: "Explain to me what I need to write in section [X] of the civil protection order form. Here is my situation: [...]." This allows you to arrive at the registry with a well-prepared form.

4. The 810 and 810.03 Recognizances — Protection Without Charges

The "810" and "810.03" are preventive justice tools: a judge can order them even if no crime has been committed. The person named does not receive a criminal record — but non-compliance with the conditions constitutes a criminal offence (art. 811 Cr.C.).

810 — General Recognizance (art. 810 Cr.C.)

You must demonstrate that you have reasonable grounds to fear that a person will cause you bodily harm, damage your property or distribute an intimate image of you. Maximum duration: 12 months, renewable.

810.03 — Specific to Domestic Violence (Since April 8, 2025)

Since April 8, 2025, this recognizance specific to domestic or family violence situations (art. 810.03 Cr.C.) allows you to be protected if you fear that your intimate partner will commit an offence causing bodily harm against you, your child or the partner's child. Duration: 12 months (or up to 2 years if the person has a history of domestic violence).

Burden of Proof

The burden of proof to obtain an 810 is lower than in a criminal trial: you must demonstrate that it is more likely than not that you have reasonable grounds to fear the other person — that is, on a balance of probabilities, not beyond a reasonable doubt.

How to Obtain an 810 or 810.03

  • Contact the police and explain your fears with concrete facts and dates
  • The police investigate and forward the file to the DPCP if the conditions are met
  • You can also go directly to the courthouse in your region
  • The Crown prosecutor presents the application before a judge

Possible Conditions in an 810

  • Prohibition on communicating with the victim or their children (by any means)
  • Prohibition on approaching the home, workplace or school
  • Prohibition on possessing firearms
  • Obligation to receive services from an organization assisting violent persons
  • Abstaining from consuming alcohol or drugs
  • Obligation to report to the police

💡 AI Tip: before going to the police station or courthouse to request an 810, ask an AI assistant: "Help me organize chronologically the incidents I experienced with my ex-partner, with dates, precise facts and any witnesses." A structured account strengthens your credibility and facilitates the work of the police officer or prosecutor.

5. Release Conditions and the Non-Communication Order

If your partner or ex-partner is arrested and charged with a crime, the police or judge can impose release conditions at various stages of the judicial process (art. 515 Cr.C.). These conditions can include:

  • Prohibition on communicating with you in any way (text, email, social media, through a third party)
  • Prohibition on approaching certain locations
  • Obligation to leave the family home
  • Obligation to report to a supervising officer
  • Prohibition on possessing weapons

Your Rights as a Victim

  • You can express your concerns to the police or prosecutor for them to be taken into consideration
  • You have the right to obtain a copy of the conditions imposed
  • If the conditions are not complied with: call 911 immediately. Non-compliance with release conditions is a criminal offence.

Domestic Violence as an Aggravating Circumstance

The Criminal Code provides that offences committed in the context of domestic or family violence constitute aggravating circumstances that influence sentencing. This means a judge must impose a more severe sentence when the crime was committed against an intimate partner.

6. The Firearms Prohibition Order

If you fear that your partner or ex-partner possesses a firearm and represents a danger, emergency remedies exist to protect you. For precise steps according to your situation, consult the official Éducaloi or Quebec.ca page on orders related to firearms in the context of domestic violence.

  • The court can impose restrictions if a reasonable risk to your safety or that of others is demonstrated
  • Depending on the situation (charge, conditions, order, conviction), the court can impose a prohibition on possessing firearms. The exact rules vary by context — refer to official resources or a lawyer

7. The Electronic Monitoring Bracelet

The electronic monitoring bracelet is a geolocation device that can be imposed on the offending person in certain judicial contexts. An exclusion perimeter is determined and alert mechanisms are provided to inform police services. Its use requires the victim's consent.

  • Consent required: the victim must consent to the device
  • Who can impose it: the court, as part of a release condition or probation order
  • Applicable to: persons detained in a provincial prison or subject to community conditions
  • Deployment: currently being rolled out across the province — contact SOS violence conjugale to find out about availability in your region

8. Filing a Complaint or Not — What You Need to Know

You are not required to file a police complaint to get help or protection. Several measures are accessible without a formal complaint:

  • The civil protection order (Superior Court)
  • Shelters for women in difficulty
  • Services from the CAVAC (Centre d'aide aux victimes d'actes criminels)
  • Free legal consultations through the Rebâtir program (4 hours, regardless of income)
  • The 810 recognizance (the DPCP can file the application even without formal charges)

If You File a Complaint

Police will investigate and forward the file to the DPCP. The prosecutor will decide whether to lay charges, request an 810 or close the file. In all cases, your perspective must be considered and you must receive all useful explanations about the judicial process. If you wish to withdraw your complaint, be aware that the prosecutor may decide to maintain charges even without your testimony.

💡 AI Tip: if you are hesitant about filing a complaint, an AI assistant can present the advantages and implications of each option (criminal complaint, civil order, 810) according to your situation. Ask: "I am experiencing domestic violence but do not necessarily want to file a complaint. What are my protection options in Quebec?"

9. Domestic Violence and Child Custody

Since 2021, the federal Divorce Act defines family violence and requires the court to take it into account in any decision relating to parenting time. In Quebec, the presence of family violence is among the elements the court must consider in assessing the child's best interests and can even lead to the forfeiture of parental authority.

Healthcare for Your Children Without the Other Parent's Consent

In a domestic violence situation, you can obtain healthcare and support services for your children without the other parent's consent. You must first request an attestation from the DPCP — accessible even without charges having been filed.

Termination of Lease Without Penalty

Article 1974.1 of the Civil Code of Quebec allows you to terminate your residential lease without penalty if your safety or that of a child living with you is threatened due to domestic violence or sexual assault. You must provide an attestation from a designated official or organization.

10. Victim Compensation (IVAC)

Since the 2021 reform, the victims of criminal acts compensation program (IVAC) has been significantly expanded for victims of domestic violence.

  • No deadline to apply: for offences of domestic violence, sexual violence or violence suffered during childhood
  • No complaint required: you can be compensated even if the perpetrator is not identified, prosecuted or convicted
  • No conviction required: your eligibility does not depend on the outcome of the criminal process

Practical tip: Contact the IVAC as soon as possible to find out about your eligibility. An IVAC worker can guide you through the process, even if no complaint has been filed.

11. The Specialized Domestic Violence Court

Quebec is the first jurisdiction in the world to have created a specialized court in matters of sexual violence and domestic violence, adopted unanimously by the National Assembly on November 26, 2021 (Act T-15.2). Its objective: to rebuild victims' trust in the justice system.

What the Specialized Court Changes for Victims

  • Integrated psychosocial and judicial services
  • Personalized support from the first contact with police
  • Safe physical spaces at the courthouse
  • Facilitated testimony: remotely by videoconference, with a support person, or behind a screen
  • Priority given to files to reduce delays
  • Results: several thousand victims supported since the implementation of the first specialized courts

Deployment

The specialized court is being progressively rolled out across several judicial districts in Quebec. Full deployment across the entire province is planned by November 30, 2026.

12. If You Are the Person Named in an Order

If a protection order has been issued against you or if you are subject to an 810/810.03 recognizance, here is what you need to know.

  • You have the right to be informed of the conditions imposed on you and to receive a copy
  • You have the right to be represented by a lawyer — legal aid may cover your costs if you are eligible
  • You have the right to contest the order before the court
  • The order remains enforceable throughout any contestation or appeal — comply with all conditions during this time
  • To modify the conditions of an 810: only the court can modify them — the victim's simple agreement is not sufficient

If the order is not complied with: call 911 immediately and report the violation. Depending on the actions taken, the breach can result in criminal consequences (harassment, threats, disobedience to a court order, etc.). Consult a lawyer if you fear inadvertently breaching a condition.

13. Using AI to Understand Your Rights and Prepare Your Approach

AI tools can help you organize your thoughts, understand documents received and prepare your steps. They do not replace a lawyer, but can be an effective first step.

  • Understanding your options (Gemini): "Explain to me in plain language the difference between a civil protection order, an 810 and release conditions in Quebec, according to my situation."
  • Structuring your account (ChatGPT): "Help me organize chronologically the domestic violence incidents I experienced, with dates, precise facts and witnesses."
  • Completing form SJ-1318-2 (Claude): "Explain to me what I need to write in section [X] of the civil protection order form. Here is my situation: [...]."
  • Understanding a judgment received (Gemini): "Explain this legal document to me in plain language: [paste the text]."
  • Preparing your defence if you are the person named (Claude): "Act as the applicant's lawyer. Here is my contestation. What are its weaknesses?"

AI can make mistakes. In a situation of immediate danger, call 911. Always verify information with official sources and consult a lawyer before making important decisions.

14. Official Sources and Resources

Legal Texts

Official Resources

Plain Language Resources

Help and Support

Emergency Resources

  • 911 — immediate emergency
  • 1 800 363-9010 — SOS violence conjugale (24/7)
  • 1 866 532-2822 — CAVAC
  • 811 — Info-Social (psychosocial worker)
  • 1-866-APPELLE (1-866-277-3553) — Suicide prevention line

Other Guides from Justice-Quebec.ca

➡️ The P-38 as a Weapon — When a Superior Court Judgment Documents the Instrumentalization of a Forced Psychiatric Assessment

➡️ P-38 Act in Quebec — Forced Psychiatric Evaluation: Rights, Deadlines and Remedies

➡️ Parental Alienation in Quebec — Recognizing the Signs, Documenting and Acting

➡️ DPJ in Quebec — Reporting, Intervention Process and Parental Rights

➡️ Self-Representation in Court in Quebec — The Complete Guide

© 2025-2026 Justice-Quebec.ca — This guide is provided for informational purposes only and does not constitute legal advice. Always verify critical information with official sources or consult a lawyer — legal aid may cover your costs if you are eligible.