Domestic Violence Protections
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
Canada has three legal systems that address domestic violence: criminal law (federal), family law (provincial), and domestic violence legislation (provincial).
The Criminal Code covers assault, criminal harassment (stalking), uttering threats, and peace bonds (section 810). A new intimate partner violence provision (section 810.03) came into effect in April 2025.
Provincial laws allow for emergency protection orders. In Alberta, for example, these can be obtained 24 hours a day, 7 days a week, and without the abuser knowing.
The 2021 amendments to the Divorce Act defined family violence broadly for the first time in federal law. The definition includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
When does it apply?
Domestic violence protections apply to:
- Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.
- This applies regardless of whether you are married, common-law, or dating.
- Children who are exposed to violence are also covered and considered by courts.
What should you do?
- Call 911 if you are in immediate danger.
- Contact a domestic violence hotline for confidential support and safety planning.
- Apply for a protection order through provincial court — emergency orders can often be obtained quickly.
- Report to police — criminal charges may apply for assault, threats, or harassment.
- Document everything — keep records of incidents, photos, messages, and medical reports in a safe place the abuser cannot access.
- Inform your family lawyer — violence is a major factor in parenting and support decisions.
- Create a safety plan — include a safe place to go, important documents, and emergency contacts.
What should you NOT do?
- Don't assume it's not "serious enough" — emotional and financial abuse are recognized forms of family violence.
- Don't violate your own protection order — even voluntary contact can result in criminal charges against you.
- Don't communicate through the children — use a parenting app or other neutral method.
- Don't destroy evidence — keep all messages, photos, and records safe.
- Don't assume you must leave the home — protection orders can remove the abuser from the residence instead.
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