How to Get a Civil Protection Order in Quebec
A clear explanation of Quebec Civil Protection Orders and emergency options.
Civil Protection Orders in Canada: Safety-Focused Basics
What a Civil Protection Order Is
A civil protection order (sometimes called a restraining order, protection order, or family violence protection order) is a court order meant to reduce contact and increase safety when there is risk of relationship harm.
Names of orders, who can apply, and exact rules vary by province and territory. In many places, these orders are available through family or civil court, and sometimes through a specific protection order process.
For current information in your area, a legal clinic, community organization, or duty counsel at the courthouse can often explain local options. General national resources are also listed at https://www.dv.support.
Civil Protection Order Basics
While details differ across Canada, many civil protection orders have these common features:
- They are separate from criminal charges and do not automatically create a criminal record.
- They set rules about contact, communication, and distance.
- They focus on safety and preventing further harm or threats.
- A judge or justice of the peace decides whether to grant the order and what it should include.
Violating a protection order can lead to criminal consequences, even if the order itself is made in a civil or family court.
Emergency vs. Regular Applications
Emergency (Short-Notice or Without-Notice) Applications
Many provinces and territories allow emergency or “without notice” (ex parte) applications in urgent situations. Common features can include:
- The person you are seeking protection from may not be told about the hearing in advance.
- The order can sometimes be requested outside regular court hours, depending on local rules.
- The order may be granted more quickly but often for a shorter, temporary period.
- A follow-up court date is usually set so both sides can attend and the judge can review or change the order.
Emergency processes and availability vary by province and territory. Some areas use special justices of the peace or telephones for after-hours applications.
Regular (With-Notice) Applications
Regular applications usually follow standard court procedures. Common elements include:
- Filing paperwork (often an application and an affidavit or sworn statement).
- Arranging for the other person to be formally notified (served) with the documents.
- Attending a scheduled hearing date where both sides can speak to the judge.
- Waiting longer for a decision than in an emergency situation.
Some places allow “desk” or written hearings for certain orders, where a judge decides based on documents only, without an in-person appearance.
Service and Court Hearings
Serving the Other Person
“Service” means officially giving the court documents to the other person so they know about the application and hearing.
- In many regions, you cannot serve the documents yourself.
- Service is often done by a professional process server, sheriff, or another adult.
- Court rules usually set deadlines for when service must be completed before a hearing.
Courts may allow different types of service (for example, email or posting) if personal service is not safe or not possible. This depends on local rules and a judge’s decision.
What to Expect at a Hearing
Hearings vary by court and province, but often:
- The judge reviews the written materials filed by both sides.
- You may be asked to confirm or clarify parts of your sworn statement.
- The other person may be allowed to respond or present their own information.
- The judge decides whether to grant, change, or refuse the order, and how long it will last.
Some courts offer option to attend by phone or video, especially where travel or safety is a concern. Availability and process depend on the local court.
Types of Relief the Court May Order
The “relief” in a civil protection order is the set of rules the court puts in place. Not every court will order all of these, and wording will depend on local law and your situation.
Common Contact and Distance Rules
- No contact in any form (in person, phone, text, social media, or through others, except as allowed by the order).
- Limits on contact except for specific purposes, such as arranging parenting time through a neutral method.
- Staying a certain distance away from you, your home, work, school, or other regular places.
- Staying away from children’s schools, childcare, or activities, unless the order makes a different arrangement.
Rules About the Home and Property
- Temporary exclusive possession of the home for one person.
- Orders that the other person must not enter the home or certain locations.
- Directions for how personal belongings can be collected safely, often at a set time or with a third party present.
Rules Related to Children
Some protection orders include temporary arrangements related to children, while others leave this to a separate parenting or family court process.
- Temporary parenting time or decision-making rules.
- Supervised contact or pauses in contact where permitted by local law.
- Conditions about communication regarding children (for example, only through a particular app or third party).
Child-related decisions are strongly shaped by provincial and territorial law. Courts usually focus on children’s safety and best interests when setting these terms.
Other Possible Conditions
- No possession of weapons where allowed by law and court practice.
- No posting about you or your children on social media.
- Restrictions on approaching your family members, friends, or support workers.
- Directions not to follow, watch, or stalk you in person or online.
Orders often have an end date. Sometimes they can be renewed, changed, or cancelled (varied or set aside) by going back to court and asking a judge to review them.
This information provides general safety-focused guidance only. Processes, names of orders, and available protections differ across Canada. For details in your area, consider connecting with a local legal clinic, community organization, or duty counsel at your courthouse.