The Commitment to Maintain Peace in the context of Domestic Violence : Sections 810 and 810.03 of the Criminal Code

Do you have legitimate reasons to fear for your safety, the safety of your child, or the safety of your current intimate partner from your partner or ex-partner?

Are you worried that this person might damage your goods, publish your intimate images online, or send them without your consent?

You, or someone acting on your behalf, can apply for Sections “810’’ or “810.03’’ (also called a Recognizance Order), which is a written commitment to keep the peace signed before a judge.

We call this promise in writing “810’’ or “810.03’’ because of the sections of the Criminal Code under which they are applied.

This is a preventive justice tool. It can be ordered by a judge even if no crime has been committed.

You must go to the nearest police station and explain your situation.

Police officers will investigate to determine if you have been the victim of a crime, or if your situation meets the conditions of the Sections “810’’ or “810.03’’ of the Criminal Code.

Police officers may need your statement or the statements of other witnesses to gather evidence and then ask for a Recognizance order.

There are 2 situations that can occur at the end of the investigation.

If the facts reveal an offence or allow to ask for a Recognizance order, police officers submit the case to the Directeur des poursuites criminelles et pénales (DPCP).

A criminal and penal prosecutor (also called a Crown prosecutor or a prosecuting attorney) will then analyze the case given by the police officers. 

A prosecutor is an attorney who prosecutes the accused on behalf of the State. He or she acts in the general interest of society. He or she is not your lawyer, but the prosecuting attorney takes into account your interests, your rights and your safety.

After assessing the evidence presented by the police officers in your case, the prosecuting attorney may press charges.

He or she will rather ask for a “810” or a “810.03” if these 2 conditions are met:

• It is impossible to press criminal charges against the suspect.
• The Criminal Code allows to ask for a “810” or a “810.03” depending on the circumstances.

The prosecuting attorney, or a professional from the Crime Assistance Centres (CAVAC) will inform you if charges have been pressed or if a “810” or a “810.03” has been requested.

If the facts reveals that no crime have been committed or cannot allow to ask for a “810” or a “810.03”, the police officers or the prosecuting attorney will inform you.

If the prosecuting attorney asks for a “810” or a “810.03”, the person you fear may agree to sign.

If the person refuses, he or she will appear before a judge during court appearance.

Before the court Appearance

Before the day of the appearance, the prosecuting attorney will meet with you. He or she will explain how the appearance will work.

The prosecuting attorney may ask you to testify during this hearing, especially if your testimony is the only evidence he or she has to ask for a “810” or a “810.03”.

You can ask any questions or share your concerns during the judicial process. The prosecutor will give you information on Testimonial aids to make testify in court easier and about your rights as a victim.

The hearing is usually held shortly after this meeting.

During the court hearing

During the hearing, the prosecuting attorney presents the evidence that support reasonable grounds to fear injuries, damage to your property, or publishing intimate image of you.  

These reasonable grounds need to be in effect at the hearing.

The evidence consists of:

• Your testimony, if you give it;
• The testimony of other witnesses, if any;
• Documents such as emails or texts, if applicable.

After the prosecuting attorney has presented the evidence, 2 events may occur:

• Your partner or ex-intimate partner agrees to sign the order and abide by its terms. He or she must then admit before a judge that you have reasons to fear him or her.
• He or she doesn’t recognize the existence of your fears and refuses to sign the order.

If the last situation occurs, the judge must determine whether there are reasonable grounds to fear your current or former partner.

Different rules of a criminal trial

During the hearing before the judge, the rules of evidence are not the same as a criminal trial.

The burden of proof has a lower standard than a criminal trial: the evidence must show it is more likely than not to fear your aggressor. In a criminal trial, it must be proven beyond a reasonable doubt.

During your testimony for a Recognizance order, you can report an event, words or actions that you did not witness, but that you heard someone telling. This evidence is usually not accepted by a court in a criminal trial.

Decision of the judge

The judge is not required to make a decision on the same day as the hearing. He or she may postpone the decision.

The decision is postponed? Generally, the judge will make a decision in the days or weeks following the hearing.

We will inform you of the judge's decision.

Your current or former partner signs a "810" or a “810.03 ” or the judge orders it?  He or she must keep peace and behave well towards you.

The judge may impose further conditions to ensure its good behavior and your safety.

It can be a prohibition of direct or indirect communication with you or members of your family (new partner, children, brother or sister, etc.).

Among other conditions, we could also find these prohibitions:

• refer to you, directly or indirectly, in any media, including social media;
• be in a specified area, or within a certain distance from this area, that you or your close relatives attend on a regular basis: home, place of study, workplace;
• Possess any firearms;
• Use drugs or alcohol.

A "810" has a maximum length of 12 months.

You can make another request after this period of time if you still have fears. You’ll have to follow the same steps as your first request.

A “810.03” has a maximum length of 12 months. If the judge is convinced that the person you fear may cause you injury has previously been found guilty of an offence involving violence against their child or the child of a current or former intimate partner, or committed in the context of domestic violence, the judge may order a Recognizance order for a maximum period of two years.

You can make another request after this period of time if you still have fears. You’ll have to follow the same steps as your first request.

If your current or former partner wants to modify the conditions, he or she must make a formal request to the judge. Your mere consent to modify the conditions is not sufficient. 

The conditions of a “810” or a “810.03” remains unchanged until modified by a judge.

You want to make a formal request to modify these conditions? Communicate with the prosecuting attorney dealing with your case. He or she will assist you throughout the process.

Contacting the prosecuting attorney dealing with your case

You can ask for changes without the prosecuting attorney by going to the office of the court where the hearing for a “810” or a “810.03” was held before the judge. 

Find a courthouse

Either way, you must affirm:

• that you genuinely want to change a “810” or a “810.03”;  
• that your safety is not jeopardized.

At the office of the court, we will tell you the date of the hearing that will be held before a judge that will agree, or not, to modify the conditions.

If you are pressured to amend the conditions, inform your prosecuting attorney.

This pressure can take several forms:

• harassment;
• intimidation;
• threats;
• physic or sexual abuse;
• emotional blackmailing, etc.

The prosecuting attorney will guide you to appropriate resources and the steps to be taken.

If your intimate partner or ex-partner fails to comply with one or many conditions of his or her order, he or she may be criminally charged with violating the terms of the order in compliance with section 811 of the Criminal Code.

If found guilty, the person face a prison sentence of up to 4 years, depending on the mode of prosecution.

Are you aware that a person under a Recognizance order is not complying with the conditions of the order? 

Inform the police immediately so that they can investigate and ensure your safety.

If the evidence gathered by the police concludes that a criminal offence has been committed by your partner or ex-intimate partner, he or she may be charged with that offence.

When there is a criminal charge, the following 4 conditions must be satisfied for a Recognizance order to be considered:

1. The Criminal Code allows a “810” or a “810.03” if the criteria are met.
2. The evidence in the prosecuting attorney’s possession is not sufficient to support the criminal charge, or it is no longer appropriate to press charge because of changed circumstances (e.g., some evidence not available, new evidence available, new facts given to the defense).
3. You had all the necessary information about the judicial process, your participation to the process, help resources and assistance available, etc., and your point of view have been taken into account.
4. Substitution by a “810” or a “810.03” complies with public interest and proper administration of the justice.

Satisfying the conditions does not guarantee that the initial charge will be systematically substituted by this order. In all other situations, the prosecuting attorney will not consider the substitution.

To benefit from a Recognizance order, you must have ongoing fears based on facts. The judge will be able to impose conditions described as reasonable and essentials to ensure your safety.

A “810” or a “810.03”  is not a conviction to a criminal offence. The person who signs the agreement has no criminal record because of this order issued by a judge.

Any request for a “810” or a “810.03” means that a case has been opened in the office of a court in the province of Quebec.

When a judge issues a "810" or a “810.03” with an order, the court files a copy of that order in the case.

This case is public and you can consult it in the Plumitif (access to criminal files):

• online (paid service) by subscription to Les Plumitifs of the Société québécoise d’information juridique (SOQUIJ);
• free of charge in the consultation rooms of the courthouses.

The Plumitif is a public registry that contains civil, criminal and penal court records from the Quebec courts.

You asked for a Recognizance order and you are in one of the following situations:

• There is no record of your request for a Recognizance order in the Plumitif.
• You had no follow from the Police service nor the DPCP.

You can communicate with the police service for a follow-up of your request.

You can also ask a police service for a copy of your case.

Need help determining if the Recognizance order is the best protection for your situation? Want to learn about other available protective measures?

• Call DPCP Helpline Domestic Violence and Sexual Violence at 1 877 547-3727.
• Communicate with a Crime victims assistance centre, as Rebâtir services.
• Learn more on financial assistance and leaves of absence.