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One evening, Léa is walking home and her heart starts racing for no apparent reason.
No blows that night. No insults.
But that familiar, heavy, precise fear: what if it starts again?

For weeks, she has been watching her steps, her messages, her meetings. She knows something has to change — and that she needs protection that acts before the worst happens.

Since June 4, 2025, the Code of Civil Procedure has been amended (arts. 515.1 to 515.4 C.C.P.) to better protect victims of violence. These new provisions introduce a less demanding standard for obtaining a civil protection order. It is no longer necessary to prove that a threat has already materialized: the mere fear of a threat is sufficient. In other words, if you have reason to fear for your life, health, or safety, you may apply for a civil protection order.

What This Changes in Practical Terms

• Simplified access: The process has been streamlined and can be initiated using a simplified form (art. 515.1 C.C.P.).
• Who can be targeted by the order: A spouse or former spouse, a family member, a neighbour, a colleague, etc.
• What the law recognizes as possible manifestations of violence:

• Economic violence: controlling expenses, identity theft, forced access to bank accounts.
• Psychological violence: threats, social isolation, belittling, destruction of property, coercive control, violence toward animals.
• Verbal violence: orders, yelling, humiliating or degrading remarks.
• Sexual violence: non-consensual touching, sexual assault, non-consensual sharing of intimate images.
• Physical violence: hitting, burning, biting, pushing.

• Duration of the protection: Up to a maximum of 5 years.
  In urgent situations, an ex parte order (without notifying the targeted person) may be issued for up to 10 days.
• Possible measures: Prohibitions on attending certain places, contacting or communicating with the applicant, possessing certain objects, publishing information (e.g., intimate images), surrendering a passport, etc.
  The law does not limit the relief that may be sought; measures may be highly varied in order to adapt to your specific situation.

What Happens After the Decision

The judgment is served without delay by the court clerk on the parties, on any other person identified in the order, and on the police force of the area where the applicant resides.

Failure to comply with the order is now criminalized. It is no longer treated as “contempt of court,” but rather as an offence under section 127 of the Criminal Code[1], which provides that disobeying a lawful order, without lawful excuse, may result in criminal charges, including a maximum sentence of two years’ imprisonment.

“Fear,” Explained Simply

Courts assess fear from two perspectives:

1. Subjective fear: What you genuinely feel — fear of someone or something, a sense of danger, apprehension or withdrawal. Psychological and emotional security also matter. Anxiety, heightened vigilance, and concrete impacts on your daily life are all relevant and are assessed in context.
2. Objective fear: What a reasonable person would think when faced with the same facts, in the same context.

When an application is made ex parte (urgently and without notifying the other party[2]), the court must also consider additional factors, including the specific reasons justifying the issuance of an order without prior notice and the determination of urgency.

This justification may be established, in our view, by the apparent imminence of the threat or by a strong probability that notifying the other party could itself trigger a dangerous reaction. Urgency is particularly important at the ex parte stage; otherwise, the application will only be heard after notice to the targeted person. Finally, it should be noted that a recent directive of the Superior Court now provides that applications for ex parte protection orders are heard by a judge sitting in chambers.

Examples of Protective Measures Ordered by the Courts

• Prohibiting a person from approaching another’s home, harassing them, or communicating with them (common in situations of domestic violence)[3].
• In urgent cases, imposing an exclusion perimeter (e.g., not coming within 2 km), prohibiting possession of weapons, and banning all communication with certain individuals for the duration of the proceedings[4].
• Recognizing both subjective fear (e.g., well-documented anxiety) and objective fear (e.g., disturbing statements, presence of weapons), where the facts justify it.

If You Recognize Yourself in This Situation, Here Are the Key Steps

1. Safety first: If you are in immediate danger, call 911.
2. Document everything: Keep messages, emails, screenshots, names of witnesses, reports, photos, and proof of publications.
3. Speak with your lawyer about the possibility of seeking a civil protection order.
4. After the order is issued: Be aware that the police are informed. If the order is not respected, report it — it is a criminal offence (s. 127 Cr. C.).

In a Nutshell: Protective, but Serious

The civil protection order is a powerful tool to prevent violence and harassment, particularly in family matters. However, it is a procedure with serious consequences, including criminal consequences in the event of non-compliance and significant restrictions on the fundamental rights of the person targeted. The case law that will develop in applying these provisions will help frame and guide the use of this remedy.

Need Help Taking the First Step?

You are not alone. Speak to a lawyer or a specialized support service. An external perspective can help you name the fear, structure the evidence, and request the right measures — at the right time.

Important notice — This text is for informational purposes only and does not replace legal advice. Every situation is unique. If you believe you are in danger, call 911. If you are considering legal action, consult a lawyer who can advise you based on your specific circumstances.

[1] Section 127(1) of the Criminal Code
Everyone who, without lawful excuse, disobeys a lawful order made by a court of competent jurisdiction, or by a person or body of persons authorized by law to make or issue the order, other than an order for the payment of money, is guilty, unless the law expressly provides a penalty or another mode of procedure, of:

1. a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
   b) an offence punishable on summary conviction.

[2] It should be noted that, in such circumstances, lawyers are held to a “super standard” of factual disclosure: the little‑known doctrine of uberrima fides.
As a result, counsel has an absolute duty to disclose not only the facts they consider relevant to their arguments, but also ALL FACTS that may be detrimental to their case.

[3] Family Law – 251765, 2025 QCCS 4576.

[4] Lussier v. Labrecque, 2025 QCCS 3434.
Émond v. St‑Gelais, 2026 QCCS 346.