Domestic Violence Laws in Canada: Charges and Protection

Canada has no Criminal Code offence called "domestic violence"; abusive conduct between intimate partners or family members is prosecuted under general offences such as assault and criminal harassment, with the domestic relationship treated as a factor that can increase the sentence.

Why There Is No "Domestic Violence" Charge

People often search for a domestic violence law or a domestic assault charge, but no such offence exists in the Criminal Code. Instead, abusive conduct between spouses, common-law partners, dating partners, or other family members is prosecuted under the same general offences that apply to anyone, including strangers. The relationship between the accused and the person harmed is what changes how the case is handled, not the charge itself.

The offences most commonly charged in an intimate partner or family violence context include:

• Assault, under Criminal Code section 266, the basic offence of applying force to another person without their consent, punishable by up to five years on indictment or as a summary conviction offence
• Assault causing bodily harm, under section 267, which also covers using or threatening a weapon and, since a 2019 amendment, choking, suffocating, or strangling the complainant, punishable by up to ten years on indictment
• Uttering threats, under section 264.1, which criminalizes knowingly conveying a threat to cause death or bodily harm to a person, their family, or their property
• Criminal harassment, under section 264, which covers repeatedly following, communicating with, watching, or besetting someone in a way that causes them to reasonably fear for their safety, punishable by up to ten years on indictment
• Sexual assault, forcible confinement, and mischief (for property damage), each charged under its own general Criminal Code provision

A person can face several of these charges at once arising from a single incident, and repeated incidents over time can lead to multiple separate charges, sometimes spanning years of an abusive relationship.

The Domestic Relationship as an Aggravating Factor at Sentencing

While there is no distinct domestic violence offence, Parliament has built the domestic context directly into sentencing law. Criminal Code section 718.2(a)(ii) requires a sentencing judge to treat it as an aggravating circumstance where "the offender, in committing the offence, abused the offender's spouse or common-law partner." A related provision, section 718.2(a)(ii.1), does the same where the victim is a person under 18, and section 718.2(a)(iii) applies where the offender abused a position of trust or authority toward the victim, which can also arise in family situations.

In practice, this means the same assault charge can result in a longer sentence when a court finds it occurred in the context of an intimate partner or family relationship, compared with an identical act between strangers. It is a sentencing principle applied after conviction, not a separate charge laid at the outset, and it does not change what the Crown has to prove to secure a conviction.

The 2019 addition of choking, suffocation, and strangulation to section 267 reflects the same recognition: these acts are associated with a significantly elevated risk of future lethal violence in intimate partner relationships, which is why Parliament singled them out for a higher maximum penalty than a basic assault.

Coercive Control: A Criminal Law and Family Law Split

One of the most misunderstood points in this area is the status of coercive control, meaning a pattern of controlling, monitoring, isolating, or intimidating behaviour that does not necessarily involve a single physical act of violence.

Coercive control is not, on its own, a stand-alone criminal offence in Canada. A private member's bill, Bill C-332, would have created such an offence and passed third reading in the House of Commons in June 2024, but it did not become law before Parliament was dissolved for the federal election, and it would need to be reintroduced and pass again to take effect. Conduct that forms part of a coercive control pattern can still be prosecuted where it independently meets the elements of an existing offence, such as criminal harassment, uttering threats, or assault.

Family law has moved faster on this question. The Divorce Act's definition of "family violence" in section 2(1) expressly includes "a pattern of coercive and controlling behaviour," alongside violent or threatening conduct, psychological abuse, financial abuse, and harassment or stalking. Critically, the Department of Justice explains that this family violence definition applies whether or not the conduct amounts to a criminal offence and does not require proof to the criminal standard or a criminal conviction. A family court can find that coercive control occurred and factor it into parenting and other decisions even where no criminal charge was ever laid or where a criminal case did not result in a conviction.

The practical takeaway: a person does not need a criminal record, or even a police report, for coercive controlling behaviour to matter in a family law proceeding.

Protective Tools: Peace Bonds, Bail Conditions, and Provincial Orders

Several distinct legal tools exist to create protection, and they operate independently of each other.

Peace bonds. A peace bond under Criminal Code section 810 is available where a person fears on reasonable grounds that another person will cause them or their family personal injury or damage their property. It is a court-ordered recognizance, not a criminal conviction, and can include no-contact and no-attend conditions for up to 12 months. It is often used where there is not enough evidence to charge an offence, or where the situation does not involve an existing criminal charge.

Bail and release conditions. Once a person is criminally charged, a justice or judge deciding on their release (bail) can impose conditions such as no contact with the complainant, no attendance at a specified address, and surrender of any firearms. Breaching these conditions is itself a separate criminal offence.

Provincial emergency protection orders. Every province has its own civil protection order legislation, and the details differ significantly.

These civil orders exist alongside, not instead of, any criminal case. A person can have a peace bond, a family court restraining order, and bail conditions from a criminal charge all in effect for the same relationship at the same time.

Family court restraining orders. Beyond emergency orders, a family court can issue a restraining order as part of a separation or divorce proceeding, generally on the basis that the applicant has reasonable grounds to fear for their safety or that of a child.

"Can I Drop the Charges?" Mandatory and Pro-Charging Policies

One of the most common questions, and one of the most misunderstood points, is whether the person who was harmed can simply have the charges dropped. In most provinces and territories, police and Crown prosecutors follow pro-charging and pro-prosecution policies for intimate partner and family violence. Under these policies, police lay a charge whenever there are reasonable grounds to believe an offence occurred, regardless of whether the person harmed wants the case to proceed, and the decision to continue, alter, or withdraw a charge belongs to the Crown prosecutor, not to the complainant.

This means a complainant cannot unilaterally "drop" a domestic violence charge once it has been laid. A complainant can tell the Crown they do not wish to proceed, and that view is considered, but it is not determinative; the Crown weighs the available evidence, the public interest, and safety considerations independently. A person who recants a statement or asks the Crown to withdraw a charge may also find that the recantation itself becomes part of the evidentiary record, and in some cases can raise separate legal issues.

This policy approach exists because family violence cases were historically undercharged and under-prosecuted when the decision rested informally with the person harmed, who may face pressure, fear of retaliation, financial dependence, or divided loyalties. It is not a reflection on the credibility of any individual complainant.

Family Law: Parenting Time and Best Interests

Family violence is not only a criminal law question. Where parents are separating or divorcing, the Divorce Act requires a court deciding parenting time and decision-making responsibility to consider the impact of any family violence as one of the specific best-interests-of-the-child factors, including its nature and severity, whether it is directed at the child or another family member, and any steps taken to prevent further violence. This applies using the family law definition of family violence discussed above, which is broader than a criminal conviction.

Immigration Considerations for Sponsored Spouses

A person sponsored to come to Canada as a spouse or partner is not required to remain in the relationship, and their immigration status does not depend on continuing to live with their sponsor; that requirement was removed. Immigration, Refugees and Citizenship Canada (IRCC) also offers options specifically for victims of family violence, including a fee-exempt temporary resident permit and humanitarian and compassionate consideration for permanent residence, and a victim does not have to testify against their abuser to access these options. Anyone concerned about their immigration status because of family violence should contact IRCC directly or a local immigrant-serving or settlement agency for current guidance, since individual circumstances vary considerably.

Getting Help

If you or someone you know is in immediate danger, call 911 or your local police non-emergency line if it is safe to do so.

Other resources available across Canada include:

• Kids Help Phone, a 24/7 service for children and youth, by phone at 1-800-668-6868 or by texting CONNECT to 686868
• The Hope for Wellness Help Line, a 24/7 service for First Nations, Inuit, and Metis peoples across Canada, at 1-855-242-3310, with online chat available
• ShelterSafe.ca, a national directory to help locate the nearest women's shelter or transition house
• Provincial and territorial crisis and family violence lines, which vary by location; a local shelter, legal aid office, or victim services program can direct you to the right one

These are general, factual resources. Whether and how to use any of them is a personal decision, and none of this is a substitute for speaking with police, a lawyer, or a victim services worker about your specific situation.

For related legal tools, see our overview of peace bonds in Canada, our page on parenting time and decision-making responsibility, the Canada family law hub, and the Canada criminal law hub.

Disclaimer: This article provides general information about how Canadian criminal and family law address domestic and family violence. It is not legal advice, and it is not a substitute for speaking with police, a lawyer, or a victim services professional about a specific situation. Laws referenced here are federal Criminal Code and Divorce Act provisions; provincial protection order and family law rules vary and should be confirmed against the current legislation or a local legal resource in your province.