Applying for a protection order in a civil matter

The Code of Civil Procedure allows the Superior Court to issue an order to protect a person whose life, health or safety is threatened, particularly due to a context of violence based on a concept of honour, of family, spousal or sexual violence, of intimidation or of harassment.

You have the right to be protected from someone, even if they have not committed a criminal offence. Depending on your situation, you may be reluctant to file a report with the police, even if you believe that the person is a threat to your life or your physical or psychological health or safety. In that case, you can ask a Superior Court judge to issue a civil protection order.

A protection order can be used to prevent someone from:

• hurting you;
• hurting your partner or child;
• breaking your possessions;
• damaging your property or home;
• making private content public (e.g., videos, photos, intimate images) against your wishes.

It can also compel the person:

• to stop behaviour that is deemed threatening, such as harassment, bullying or psychological violence;
• not to do certain things, such as ask you for money or force you to get married;
• to comply with a court-ordered obligation imposed for your protection, such as being chaperoned by a third party when visiting you.

The protection order may also include certain conditions. For example, the court may order the person threatening you:

• to turn their weapons over to the police;
• not to contact you;
• not to share any information about you with anyone else;
• to stay away from your home and places you go, like your workplace.

The court may also order the person to return your possessions to you or allow you to retrieve your personal belongings.

If you are being housed by an organization (e.g., a seniors’ residence or a healthcare facility), the court can limit the person to visiting you only during the hours set by the organization and under the supervision of a case worker.

You may apply for a protection order if you fear that your life, health or physical or psychological safety is threatened by another person.

An organization or other person can also apply for a protection order on your behalf, if you consent or if the court allows it.

You may apply for a protection order to protect yourself or close relatives.

The court can order the other person to abide by certain conditions, such as to refrain from intimidating, harassing or communicating with you or to refrain from approaching certain places.

If the person violates the order, the police can intervene. Not complying with the conditions is a criminal offence.

1. Fill out the form or file an application

You must fill out the Application for a civil protection order form or file an application briefly describing the alleged facts and what you are asking the court to do. You must then sign your application and attest that the facts alleged in it are true. The application is deemed to be made under oath.  

You must attach any relevant documents, such as those related to an information or a police intervention.

Downloadable forms and help documents

Form to be completed by the victim (PDF 158 Kb) – Aide-mémoire (PDF 424 Kb)

Form to be completed by a person other than the victim or an organization (PDF 170 Kb) – Aide-mémoire (PDF 426 Kb) 

2. File the form or application

Your application must be filed with the Superior Court clerk’s office in the courthouse of the judicial district where the defendant lives. This can be done through the Digital Court Office of Québec, in person at the court office, or by mail.

3. Notify the form or application

• Order of 10 days or less: The form does not have to be notified.
• Extension of an order of l10 days or less or application for an order of more than 10 days: You must notify the defendant.

When applying to extend an order of 10 days or less or for an order of more than 10 days, you must notify the form or application. This means that you must bring the form or application to the other party’s attention. Here is how:

Ongoing proceeding before the Superior Court (e.g. family law matter): You may notify the form to the defendant or their lawyer (if they have representation) by any means, including email or registered mail.

Keep a copy of the proof of delivery to be able to show the court that the other party was notified and received the documents. When notifying via an electronic method (e.g., email), you must produce the message headers as proof that you sent the document.

No ongoing proceeding before the Superior Court: You must have a bailiff. serve the form. You may also attach the form to another pleading, for instance in a family law matter, and serve all of your documents at once.

The court promptly notifies the order(s) to all parties involved and the local police where you reside.  

The defendant—the person subject to the order—will therefore receive the order even if the court rendered judgment in their absence.

You can put protective measures in place. You can also get assistance and support from various organizations.

Your protection order is valid for the period of time set by the court or for a maximum of five years.

The court may issue an order even if the application was not notified to the other party. In this case, the order will be for a maximum of 10 days.  

After it expires, if you continue to fear that your life, health or physical or psychological safety is threatened, you may apply to the court to have it extended, renewed or issued anew.

You can get a civil protection order quickly.

If the person subject to the order does not comply with it, you must report the situation to the police. Not complying with a protection order is a criminal offence.

You can get assistance and support from various organizations at any time, even if you don’t want to file a police report.

For spousal violence, contact the toll-free SOS violence conjugale helpline (1-800-363-9010 www.sosviolenceconjugale.ca), which is open 24 hours a day, 7 days a week.

Shelters can provide you with emergency shelter if you are in danger. They may also offer individual or group counseling, guidance, help for children, and other services without lodging.

You can get guidance on developing protective measures. This will help you plan what you would do in different situations to ensure your safety and that of your children. The measures help ensure you’re prepared to deal with a violent episode or possible separation.

You can also get help from a lawyer.

To apply for legal aid or find out if you are eligible, visit the Commission des services juridiques website.

For legal information on a specific situation, contact an Info  Justice Center.

Rebâtir provides free legal consultation with a lawyer for victims of sexual and spousal violence. Victims are entitled to four hours of free consultation, regardless of their income, in any area of law related to the violence they have experienced.

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