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.
VERSION FRANÇAISE →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, 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.
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:
Assault, injury, physical restraint.
Threats, surveillance, social isolation, belittling, humiliation, coercive control.
Sexual assault, harassment, non-consensual sharing of intimate images.
Control of income, prohibition from working, fraud, theft.
Repetitive communications, stalking, online surveillance, destruction of property.
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.
The Three Main Avenues of Protection
Depending on your situation, you can combine these avenues — they are not mutually exclusive.
Superior Court — no criminal complaint required. Available to any victim, even without an offence having been committed.
Release conditions or criminal charge. Involves the police and the DPCP.
Within the framework of a separation or divorce — can be combined with the other avenues.
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 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.
- 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
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.
Form SJ-1318-2 to be filed at the registry of the Superior Court in your district. The application is deemed made under oath — no notary or commissioner of oaths needed. An organization can file the application on your behalf. Program Rebâtir: free 4-hour legal consultation with a lawyer, regardless of income, for victims of domestic or sexual violence: rebaticonseil.ca.
Address protection: measures exist to limit the disclosure of your address in the court file. Ask at the registry or consult a lawyer.
Automatic notification: once pronounced, the clerk transmits the order without delay to the parties and to the police force in the applicant's place of residence.
An AI assistant can help you complete form SJ-1318-2 section by section, in plain language. Ask: "Explain to me what I need to write in section [X] of the civil protection order form. Here is my situation: [...]." Arrive at the registry with a well-prepared form.
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.).
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. The burden of proof is a balance of probabilities — lower than in a criminal trial.
Since April 8, 2025, this recognizance specific to domestic or family violence 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.
Possible conditions in an 810: prohibition on communicating with the victim or their children, 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.
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.
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.
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 (art. 515 Cr.C.). These can include: prohibition on communicating with you in any way, prohibition on approaching certain locations, obligation to leave the family home, obligation to report to a supervising officer, prohibition on possessing weapons.
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.
Aggravating circumstance: the Criminal Code provides that offences committed in the context of domestic or family violence constitute aggravating circumstances that influence sentencing — a judge must impose a more severe sentence when the crime was committed against an intimate partner.
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.
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 (1 800 363-9010) to find out about availability in your region.
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, free legal consultations through the Rebâtir program (4 hours, regardless of income), and 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. Your perspective must be considered and you must receive all useful explanations. If you wish to withdraw your complaint, be aware that the prosecutor may decide to maintain charges even without your testimony.
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?"
Domestic Violence, Child Custody and Lease Termination
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.
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.
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.
Victim Compensation — The Expanded IVAC Program
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.
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.
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.
Integrated support at every stage
- 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
Progressive rollout across several judicial districts. Full deployment across the entire province is planned by November 30, 2026. Check justice.gouv.qc.ca/tribunalspecialise for available districts.
If You Are Named in an Order or an 810 Recognizance
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.
Comply with all conditions throughout the contestation or appeal. To modify the conditions of an 810: only the court can modify them — the victim's simple agreement is not sufficient. Consult a lawyer immediately if you fear inadvertently breaching a condition.
Using AI to Understand Your Rights and Prepare Your Approach
Ask an AI assistant to explain in plain language the difference between a civil protection order, an 810 and release conditions in Quebec, according to your situation.
Ask: "Help me organize chronologically the domestic violence incidents I experienced, with dates, precise facts and witnesses." A structured account strengthens your credibility before the police, the DPCP and the court.
Copy each section of the form into the AI and ask it to explain what you need to write according to your situation. Arrive at the registry with a well-prepared form.
Ask the AI to act as the applicant's lawyer and identify the weaknesses of your contestation — to better prepare with your own lawyer.
AI can make mistakes. In a situation of immediate danger, call 911 or 1 800 363-9010 (SOS violence conjugale). Always verify information with official sources and consult a lawyer before making important decisions.
You Do Not Have to File a Complaint to Be Protected
The civil protection order, the 810, the specialized court, IVAC without conviction required — Quebec has a full arsenal of protections that do not depend on a criminal complaint. You can combine several avenues. If you are in immediate danger, call 911. If you are looking to understand your options, SOS Violence conjugale (1 800 363-9010) can guide you. And if you need a lawyer without the means to pay, legal aid and the Rebâtir program (4 free hours) are there for you.
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. The author of this site is not a lawyer.
AI tools can invent facts, statutes or deadlines. Always verify with a lawyer, the Barreau du Québec, the relevant court registry or Légis Québec.
An error to report? Information to add or a question about this guide? Write to us at justice-quebec@outlook.com — we read every message.