Domestic Violence: Police, Protection Orders, and Immigration…

1. What Is “Domestic Violence” Under Canadian Law

Many newcomers hold the misconception that only bruises “count” as serious enough to constitute domestic violence. This belief is both dangerous and wrong. Canada’s Criminal Code (Code criminel, hereafter “CC”) and Quebec’s family law define domestic violence as a broad concept covering six categories of conduct:

Quebec’s 2021 reform legislation (Bill 92) explicitly incorporated “coercive control” (contrôle coercitif) into the domestic violence recognition framework and mandated specialized training for law enforcement — one of a small number of legislative reforms of this kind anywhere in the world.

“Domestic violence is not a single incident — it is a pattern. Behind one shove lies, more often than not, a years-long system of control and fear, meticulously constructed. Canadian law is increasingly acknowledging this reality.”
— Background to Quebec’s domestic violence legal framework reform

2. What Happens After You Call 911: Police Action Explained

One of the most common concerns victims have is: “Once I call the police, can I control what happens? Will the abuser be taken away on the spot? Do I have a say?” Understanding the following process is essential.

2.1 Warrantless Arrest Power (CC s. 495)

Section 495 of the Criminal Code grants police the power to arrest without a warrant in the following circumstances:

• The officer has reasonable grounds to believe that the person has committed or is committing an indictable offence (infraction punissable par mise en accusation);
• The officer finds the person in the act of committing a criminal offence;
• There is an outstanding arrest warrant for that person.

In domestic violence cases, officers arriving at the scene will assess: are there signs of injury? Evidence of a struggle? Did the victim or witnesses describe violence? Once reasonable grounds exist, police can — and typically will — arrest the abuser on the spot, without waiting for a warrant, without requiring the victim to give a formal statement, and without the victim having to ask.

In January 2025, the Supreme Court of Canada clarified in R. v. Carignan that an accused person has the right to challenge, in criminal proceedings, whether a warrantless arrest met the limiting requirements of CC s. 495(2) — specifically, that the arrest must serve the public interest and cannot be exercised arbitrarily. This ruling balances police powers against individual rights and does not affect justified arrests in domestic violence cases where reasonable grounds exist.

2.2 Mandatory Charging Policy (Politique de mise en accusation obligatoire)

Quebec and most Canadian provinces apply a Mandatory Charging Policy (also called a pro-prosecution policy): once police determine that domestic violence has occurred, they are obligated to recommend charges to the Crown prosecutor. The charging decision belongs to the Crown, not the victim.

This means:

• Even if the victim later says “I don’t want to press charges,” the Crown may proceed;
• The victim does not have to carry the psychological weight of “I’m the one who had them arrested”;
• Conversely, if the victim does not want the abuser prosecuted, their influence over the process is limited.

Practical advice: Before calling police, consider calling SOS Violence Conjugale (1-800-363-9010) to consult with a counsellor. They can help you understand the full legal implications of making a report so you can make an informed decision.

2.3 After Arrest: Bail Conditions and No-Contact Orders

After an abuser is arrested, a bail hearing (audience de mise en liberté sous caution) is typically held within 24 to 48 hours. In deciding whether to release, the judge or justice of the peace will consider:

• A risk assessment for the victim’s safety;
• Whether the abuser has a prior criminal record;
• Whether the accused agrees to a condition of no contact with the victim (no-contact undertaking).

Once released, a no-contact order (ordonnance de non-communication) is legally binding. Violating it is itself a criminal offence, and police may re-arrest.

3. Criminal Accountability: Which Behaviours Constitute an Offence

Below are the Criminal Code provisions most frequently invoked in domestic violence situations, along with their maximum penalties:

Important note: In a domestic violence context, the relationship between the abuser and the victim (spouses, common-law partners) will be treated by courts as an aggravating factor in sentencing, even where the relevant statutory provision does not explicitly distinguish between categories of victim.

4. Three Types of Protection Orders: Choosing the Right Tool for Your Situation

Canada (and Quebec specifically) offers three parallel protection order mechanisms drawn from criminal, civil, and family law tracks. They can be sought simultaneously — they are not mutually exclusive.

4.1 Civil Protection Order (Ordonnance de protection civile) — Created 2016, Strengthened 2021

Article 509 of Quebec’s Code of Civil Procedure established the civil protection order mechanism, allowing the Superior Court (Cour supérieure) to issue a protection order where a person’s life, health, or safety is threatened — whether physically or psychologically, in a marriage or cohabitation relationship, and whether or not a criminal charge has been laid.

The key features of this protection order are:

• No police report required: even if the victim has not reported to police or does not wish to pursue criminal responsibility, an application can go directly to court;
• Available on an ex parte emergency basis: in cases of extreme urgency, a judge may issue a temporary protection order without notifying the other party, valid for up to 10 days;
• Exclusive use of the family home can be granted: even if legal title to the home belongs to the abuser, the victim can obtain exclusive occupancy through the protection order;
• Valid for up to 3 years, renewable;
• In late 2025, Quebec courts further lowered the threshold for obtaining a protection order (as reported by SOQUIJ).

To obtain this type of order, contact Juripop (low-cost legal assistance) or SOS Violence Conjugale for guidance and referral.

4.2 Criminal Peace Bond (Engagement de paix, CC s. 810) — Preventive Protection Without a Conviction

The s. 810 peace bond is a distinctive instrument in Canada’s domestic violence protection framework: it does not require that the other party be convicted — or even that a criminal act has yet occurred. All that is needed is that the victim has reasonable grounds to fear that the other person will cause them or their children physical harm.

Once the abuser signs the peace bond, they undertake to:

• Keep the peace and refrain from harassing or threatening the victim;
• Comply with specific conditions set by the judge (e.g., no contact, prohibition on carrying weapons);
• Face automatic criminal liability for any breach — with a maximum penalty of up to 4 years imprisonment.

From April 8, 2025, the specific peace bond application procedure for intimate partner violence has been further clarified: applicants may apply directly to a police station or court, without having to file a criminal complaint first.

5. Quebec’s 2021 Legislative Reform: A World-First Specialized Domestic Violence Court

In September 2021, the Quebec government tabled Bill 92 (An Act to create a court specialized in sexual violence and domestic violence, SQ 2021, c. 32), which was passed unanimously by the National Assembly on November 25, 2021 — a world first in legislation of this kind.

The legislation emerged from the “Rebâtir la confiance” (Rebuilding Trust) expert committee report, in which more than 20 experts put forward 190 recommendations. The core objective: to ensure that victims of sexual violence and domestic violence feel supported and willing to come forward.

How the Specialized Court Works

• A dedicated “sexual violence and domestic violence division” was established within the Court of Quebec criminal division;
• Pilot sites were launched in at least 5 judicial districts (ultimately expanded to 10: Quebec City, Laval, Sherbrooke, Granby, Drummondville, Salaberry-de-Valleyfield, La Tuque, Lac-Mégantic, Sept-Îles, and Montmagny);
• The pilot period runs until at least November 30, 2024, after which the law requires permanent specialized courts to be established province-wide within two years;
• Judges, Crown prosecutors, and defence lawyers in the specialized division all receive specialized domestic violence training;
• Full accompaniment services for victims are provided throughout proceedings to minimize re-traumatization in court.

“The heart of this court is victim-centred — rather than asking victims to adapt to a system designed to punish offenders, we are asking the system to protect victims.”
— CBC News, November 2021

Additionally, Quebec’s Integrated Government Strategy on Sexual Violence and Domestic Violence 2022–2027 (Stratégie gouvernementale intégrée pour contrer les violences sexuelles et la violence conjugale 2022–2027) further called for systematic training on coercive control, promoting province-wide capacity among law enforcement to identify and respond to non-physical forms of domestic violence.

6. Immigration Status Protection: The Legal Shield for Sponsored Spouses

This is one of the most important sections of this article, and the area where misinformation causes the greatest harm to immigrant families.

6.1 “If You Call the Police, I’ll Have You Deported” — That Is a Lie

6.2 Temporary Resident Permit for Domestic Violence Victims (TRP)

Under IRPA s. 24 and Immigration Regulations R207, victims of domestic violence who are in Canada with an uncertain or compromised immigration status may apply for a Domestic Violence TRP (permis de résidence temporaire pour violence conjugale):

Once a Domestic Violence TRP is obtained, the victim may lawfully remain in Canada and, in safety, consider next steps — including whether to apply for permanent residence or seek long-term status protection through Humanitarian and Compassionate consideration (H&C, IRPA s. 25).

For information on TRP exceptions in the context of sponsored marriages, see also Episode 1 of this series: Sponsored Marriages — Genuine Unions and Marriage Fraud.

6.3 Immigration Consequences for the Abuser

A sponsored spouse who is found guilty of a domestic violence-related offence may face serious immigration consequences:

• Permanent residents: a serious criminal conviction (maximum sentence exceeding 6 months imprisonment) can trigger an inadmissibility finding (décision d’interdiction de territoire) and initiate a deportation order (mesure d’expulsion);
• Temporary residents (work permit or student visa holders): criminal conviction typically leads directly to removal;
• Sponsorship ban: a person who has committed domestic violence will be permanently barred from sponsoring anyone else to immigrate to Canada;
• Citizenship applications: pending criminal charges or a conviction record will directly block a citizenship application.

Important note: Each case is assessed independently based on its specific facts. Persons with these concerns should immediately consult a lawyer with expertise in both criminal law and immigration law.

7. DPJ Intervention: Legal Consequences When Children Witness Domestic Violence

Under Quebec’s Youth Protection Act (Loi sur la protection de la jeunesse), a child witnessing domestic violence in and of itself constitutes a reportable situation to the DPJ (Direction de la protection de la jeunesse — Quebec’s youth protection directorate).

7.1 When Must a Report Be Made to the DPJ

In Quebec, the following professionals have a statutory duty to report to the DPJ while carrying out their duties: physicians, nurses, teachers, early childhood educators, police officers, social workers, and any workers employed by a health and social services institution.

Situations requiring a report include:

• A child directly witnesses violence between parents, or between a parent and their intimate partner (including in post-separation contexts);
• A child is living in an atmosphere of fear or tension where the violent environment may cause them harm;
• A child’s safety or development (sécurité ou développement) is threatened or risks being threatened.

Over the past ten years, cases referred to the DPJ specifically because children witnessed domestic violence have doubled — from approximately 8,000 in 2014 to over 17,000 in 2023.

7.2 Parents’ Rights and Key Considerations After DPJ Intervention

DPJ intervention does not mean children will be immediately removed. During its assessment, the DPJ will focus on:

• The non-abusive parent: the DPJ will assess whether that parent has taken concrete steps to protect the child from continued exposure to violence, and what obstacles the abusive parent has created to prevent protective measures from being taken;
• Victim-parents must not be penalized: in practice, the DPJ distinguishes between “an abuser who cannot protect the child” and “a parent who is themselves a victim” — active efforts by the latter to obtain a protection order are treated as a positive factor;
• Parental rights: parents have the right to legal assistance, to participate in review meetings, and to challenge DPJ decisions throughout the process.

DPJ reporting hotline: 1-800-361-5310 (7 days a week, 24 hours a day).

8. Civil Damages: A Second Path to Accountability

In addition to criminal proceedings, victims may bring a civil damages action against the abuser in civil court. These two routes can be pursued simultaneously and do not interfere with each other.

8.1 Civil Tort Claims (Responsabilité civile délictuelle)

Under Quebec civil law, Article 1457 of the Civil Code of Quebec (Code civil du Québec) provides that any person who, through a fault whether intentional or negligent, causes injury to another must compensate for that injury. Domestic violence clearly constitutes a civil fault, and victims may claim:

• Compensation for physical harm: medical expenses, future treatment costs, pain and suffering;
• Compensation for psychological harm: post-traumatic stress disorder, counselling costs;
• Compensation for economic loss: income lost due to inability to work, additional expenses incurred in fleeing domestic violence;
• Exemplary damages (dommages-intérêts punitifs): available in cases of intentional fault.

8.2 Pre-Judgment Seizure (Saisie avant jugement)

If there is concern that the abuser may transfer, conceal, or dispose of assets before a judgment is rendered, the victim may apply to the Superior Court for a pre-judgment seizure (saisie avant jugement):

• The court may temporarily freeze the abuser’s bank accounts, real property, or other assets prior to judgment;
• The applicant must demonstrate: a reasonable chance of success on the merits, and that failure to freeze would make enforcement of any judgment impossible;
• This remedy is especially important for victims concerned that a spouse may dissipate matrimonial assets — it can be used together with a property division application in divorce proceedings (see Episode 12 of this series: Property Division).

9. Evidence Preservation Checklist: Do These Things Before You Leave

Where it is safe to do so, collecting and preserving the following evidence will significantly assist all subsequent legal proceedings — criminal, protection order, divorce, and immigration:

Safety reminder: Your own safety always comes first when gathering evidence. If the abuser checks your phone, use the confidential chat (chat incognito) service offered by SOS Violence Conjugale, or use a device at a shelter. All digital backups of important documents should be stored in a separate account the abuser does not know about.

10. Safety Exit Planning: From Protection Order to Independent Living

Leaving a domestic violence situation requires careful planning — acting in haste may increase danger. Below is a phased safety planning guide:

10.1 Immediate Safety Measures

• Identify a safe location from which to call for help (a neighbour’s home, a community centre, a library);
• Tell at least one trusted person your situation and plan in advance;
• Prepare an “emergency bag”: copies of important documents, a small amount of cash, a few days of clothing and any medications;
• If you need to leave immediately, call 911 or SOS Violence Conjugale (1-800-363-9010) to request assistance accessing a shelter.

10.2 Applying for a Civil Protection Order — Exclusive Use of the Family Home

One critical legal tool that many victims overlook is applying for exclusive use of the family home through a civil protection order. This means:

• Even if the home is in the abuser’s name, the victim can remain in the home under the protection order while the abuser must leave;
• For families with children, maintaining the stability of the children’s living environment can assist in subsequent custody determinations (see Episode 11 of this series: Child Custody);
• It prevents the victim from being displaced, which is especially important for recent immigrants with limited language ability and social support networks.

10.3 Urgent Financial Steps

• Open a separate bank account immediately: choose a bank the abuser is unaware of, and deposit any funds you can access;
• Apply for a personal credit card: begin building an independent credit history;
• Apply for Quebec social assistance (aide sociale): domestic violence victims may receive priority assistance;
• Contact the immigration advisor at a shelter: they can help with work permits and immigration status questions;
• Contact legal aid (Aide juridique): domestic violence victims can generally have income thresholds waived and receive free legal representation.

11. Emergency Resources: Ask for Help — You Are Not Alone

12. Frequently Asked Questions (FAQ)

Q1: I have no immigration documents. Is it safe to call the police?

A: Yes, relatively safe. Police are primarily concerned with protecting your physical safety — not investigating immigration status. Even if you have no lawful status, after calling police you can simultaneously apply through IRCC’s Vulnerable Persons Unit for a Domestic Violence TRP, which is free, processed as a priority, and valid for at least 12 months initially.

Q2: My husband says if I call the police, he will withdraw his sponsorship and I will be deported — is this true?

A: No, it is not. Deportation decisions can only be made by the federal government (IRCC/CBSA) — your spouse has no power to have you deported. Once you have obtained permanent resident status, even during the three-year conditional sponsorship period, leaving an abusive relationship will not automatically cancel your permanent residence. If you remain a temporary resident, you may apply for a Domestic Violence TRP to maintain lawful status.

Q3: I have already filed for divorce. Do I still need to apply separately for a protection order?

A: Yes, it is strongly recommended. Divorce proceedings can take months or even years, while a protection order can be granted within days. A civil protection order, a family court restraining order, and a criminal peace bond are not mutually exclusive and can all operate simultaneously. For detailed steps on divorce proceedings, see Episode 9 of this series: Federal Divorce Act Procedures.

Q4: My child witnessed the violence. Will the DPJ definitely take my child away?

A: DPJ intervention does not automatically mean children will be removed. The DPJ’s primary goal is to assess the child’s safety and to support the family in finding a protective solution. For victim-parents who are actively taking protective measures — such as applying for a protection order or moving out of a violent environment — the DPJ will typically work with them, not against them. Most importantly, be honest with the DPJ about what protective steps you have taken and are taking.

Q5: What is the difference between a peace bond (s. 810) and a protection order? Which is more effective?

A: They are different instruments, but can be used together. A civil protection order is issued by the Superior Court, can include exclusive use of the family home, lasts up to 3 years, and can be applied for the same day without any criminal proceedings underway. A peace bond (s. 810) is a criminal preventive measure: the abuser must personally appear in court to sign an undertaking, and any breach constitutes a criminal offence, with a duration of up to 12 months but renewable. The two are complementary — applying for both simultaneously, with the assistance of a lawyer, maximizes the protection available.

Q6: I am concerned that the abuser may be deported. Will that affect my divorce and custody proceedings?

A: It may have some effect, but it will not prevent you from obtaining protection or advancing the divorce. Even if the abuser is deported, child custody proceedings will continue — Quebec courts have jurisdiction over children located in Canada. If cross-border custody issues arise (for example, if the abuser returns to China and takes the children), this is a highly complex legal area. See Episode 11 of this series: The Custody Battle for more detail.

Q7: The abuser is a permanent resident. Can they stay in Canada after being charged?

A: It depends on the seriousness of the offence. A permanent resident convicted of a serious criminal offence (carrying a maximum sentence exceeding 6 months imprisonment) can be found inadmissible (décision d’interdiction de territoire) and face a removal order (mesure de renvoi). However, each case is assessed individually, and courts consider factors such as length of residence in Canada and family ties. Bear in mind that deportation proceedings are separate from criminal proceedings — victims must not feel that concern for the abuser’s immigration status should deter them from seeking legal protection.

References and Legal Sources:
– Criminal Code (RSC 1985, c. C-46) ss. 264, 264.1, 265–268, 271–273, 279, 495, 810
– SQ 2021, c. 32 — An Act to create a court specialized in sexual violence and domestic violence (Bill 92)
– Quebec Code of Civil Procedure, Art. 509 et seq. — Civil Protection Order (Ordonnance de protection civile), established 2016
– SOQUIJ Legal Blog (December 2025) — Lowered threshold for civil protection order applications
– Immigration and Refugee Protection Act (IRPA) ss. 24, 25; Immigration Regulations R207
– IRCC Official Policy: Immigration Options for Domestic Violence Victims (canada.ca)
– R. v. Carignan, Supreme Court of Canada, 2025 (interpretation of CC s. 495)
– SOS Violence Conjugale — sosviolenceconjugale.ca / 1-800-363-9010
– Shield of Athena Family Services — shieldofathena.com / 514-274-8117
– Juripop Legal Aid — aparte.juripop.org (civil protection order guide)
– Quebec Government Official Resources — quebec.ca (domestic violence section)
– Integrated Government Strategy on Sexual Violence and Domestic Violence 2022–2027 (Stratégie gouvernementale intégrée pour contrer les violences sexuelles et la violence conjugale 2022–2027)
– Regroupement des maisons pour femmes victimes de violence conjugale — maisons-femmes.qc.ca
– DPJ Reporting Hotline: 1-800-361-5310

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