Charged With Domestic Assault in Quebec? What Happens Next

What a domestic assault charge means in Quebec

"Domestic assault" is not a separate offence in the Criminal Code. It is the everyday name for an assault charge where the complainant is a current or former spouse, common-law partner or dating partner. The complainant is the person who says they were assaulted. In Quebec you will often hear the French term violence conjugale.

Police and prosecutors flag these files as domestic violence cases, which affects how they are handled. The charge itself is usually one of these:

• Assault (s. 266), often called simple or level 1 assault. This covers a push, a slap, grabbing someone, or a threat of force.
• Assault with a weapon or causing bodily harm (s. 267). This applies where a weapon was used or threatened, or where the other person was injured.
• Related charges that are often laid at the same time. These include uttering threats (s. 264.1), criminal harassment (s. 264) and failing to comply with release conditions (s. 145).

Assault is defined in s. 265 of the Criminal Code. The Crown is the prosecutor acting for the state. To get a conviction, the Crown must prove beyond a reasonable doubt that:

• you intentionally applied force to the other person, directly or indirectly, without their consent; or
• you attempted or threatened to apply force while appearing able to carry it out.

No injury is needed for s. 266. For s. 267, the Crown must also prove one of two things: that a weapon was carried, used or threatened, or that the assault caused bodily harm. Bodily harm means an injury that is more than brief and minor.

Both s. 266 and s. 267 are hybrid offences. This means the Crown chooses how to proceed. It can proceed summarily, which is the simpler procedure with lower maximum penalties. Or it can proceed by indictment, the more serious route.

Section 2 of the Criminal Code defines "intimate partner." Several other provisions make intimate partner violence more serious at bail and at sentencing. For a national overview, see our guide to assault charges in Canada.

Being charged is not a finding of guilt. You are presumed innocent unless the Crown proves its case.

What happens after a domestic violence charge in Quebec

Arrest and release

When police respond to a domestic call, they often arrest someone, even if the situation has calmed down. Police can then do one of two things:

• release you on an undertaking, which is a written promise to attend court and follow certain conditions; or
• hold you for a bail hearing, which generally must take place within 24 hours.

If a judge or justice releases you after a bail hearing, the document is called a release order.

Common conditions in domestic cases include:

• no contact with the complainant, directly or indirectly, including by text, social media or through friends or family;
• staying away from the home, the complainant's workplace and other set places;
• not possessing weapons or firearms;
• sometimes a curfew, or not consuming alcohol.

These conditions can mean you cannot return to your own home, even if you own it or pay the rent. They apply even if the complainant wants to see you.

Breaking a condition is a separate criminal offence. This is true even if the other person invited the contact. Only the court can change the conditions. In some cases this can be done with the prosecutor's agreement.

At a bail hearing, the court must consider whether the charge involves violence against an intimate partner. In some situations, the law shifts the burden onto you to show why you should be released. This is called a "reverse onus." It can apply, for example, if you have a previous conviction or discharge for intimate partner violence.

Parliament has changed the bail rules for these cases several times in recent years, and more reforms have been proposed. A lawyer can confirm which rules apply to you.

Who decides on charges in Quebec

In some provinces, police lay the charges. In Quebec, a prosecutor from the Directeur des poursuites criminelles et pénales (DPCP) reviews the police file and decides whether to authorize charges.

The complainant does not "press" charges and cannot "drop" them. Only the DPCP decides whether a case goes ahead or ends. The prosecutor may consider the complainant's wishes, but is not bound by them.

First appearance

Most domestic assault cases begin in the Court of Québec (criminal and penal division). This applies in Montreal, Quebec City, Laval or any other judicial district. The first appearance is usually short and the case is rarely decided that day.

You have the right to have your trial in French or English. Tell your lawyer early which language you prefer.

Disclosure

Disclosure is the Crown's evidence, which it must give to you or your lawyer. In a domestic case it may include:

• police notes and the emergency call recording;
• a recorded statement from the complainant;
• photos, medical records and witness statements;
• any statement you gave to police.

The Crown's election and your election

If the Crown proceeds summarily, a Court of Québec judge hears the case. If it proceeds by indictment, you choose the type of trial:

• a Court of Québec judge alone;
• a Superior Court judge alone; or
• a Superior Court judge and jury.

Preliminary inquiries are now limited to offences with a maximum of 14 years or more. That means they generally are not available for charges under s. 266 or s. 267.

Resolution or trial

Cases can end in several ways:

• the charge is withdrawn or stayed;
• in some cases, the charge is resolved with a peace bond;
• you plead guilty to the charge or to a different charge;
• the case goes to trial.

The right path depends entirely on the evidence, which is why legal advice matters before any decision.

How long it takes

Under the Supreme Court's Jordan decision, a trial must generally finish within 18 months of the charge in provincial court. In superior court, the limit is 30 months. Delay caused by the defence does not count.

Many domestic cases finish well within those limits. Contested cases with trials can take a year or more. Your release conditions normally stay in place for the whole time.

Possible penalties for domestic assault

Higher maximums can apply to repeat cases. Under s. 718.3(8), if you have a previous conviction for intimate partner violence, the maximum can be increased when the Crown proceeds by indictment.

What sentences can look like in practice

Maximum penalties are rarely imposed. Possible outcomes include:

• Absolute discharge: you are found guilty but no conviction is registered and there are no conditions.
• Conditional discharge: no conviction is registered if you complete probation conditions. These often include no contact with the complainant and counselling.
• Fine, sometimes combined with probation.
• Suspended sentence and probation for up to three years.
• Conditional sentence: a sentence of less than two years served in the community, often with house arrest. Bill C-5 (2022) widened access to conditional sentences. They remain available only if the judge finds that serving the sentence in the community is safe.
• Jail, more likely with injuries, a weapon, or a prior record.

A firearms prohibition is often ordered. For some indictable intimate partner violence convictions, it is mandatory. A DNA order and a no-contact order may also be made.

Factors that matter

Section 718.2(a)(ii) makes abuse of an intimate partner or family member an aggravating factor. This means it can make the sentence heavier. Section 718.201 requires judges to consider the increased vulnerability of female victims, particularly Indigenous women. As a result, courts often emphasize denunciation and deterrence in these cases.

Other factors that can affect the sentence include:

• how serious any injury was;
• whether a weapon was used or children were present;
• any prior record;
• remorse, and whether you took part in counselling or treatment;
• your work and family situation;
• whether a victim impact statement was filed.

Other consequences in Quebec

• Criminal record: A conviction creates a record. A discharge is not a conviction. Under the Criminal Records Act, an absolute discharge is generally removed from the RCMP system after one year, and a conditional discharge after three years.
• Record suspension: You can apply to the Parole Board of Canada after completing your sentence. The wait is 5 years for a summary conviction and 10 years for an indictable one.
• Travel to the United States: The US applies its own law. A domestic violence conviction, or sometimes just the arrest, can lead to refused entry. The US does not recognize Canadian record suspensions.
• Immigration: Permanent residents and other non-citizens can face loss of status or removal. Hybrid offences are treated as indictable for immigration purposes. Speak to an immigration lawyer before resolving the case.
• Employment: Jobs involving vulnerable people, security clearances or professional licences may be affected.
• Family matters: No-contact conditions can affect where you live, your access to children, and any family law proceedings. In some cases, child protection authorities may become involved.

Common defences and issues a lawyer will look at

Every case is different. A lawyer will usually look at:

• Reasonable doubt and credibility: Many domestic cases turn on two different accounts of the same event. Inconsistencies, other witnesses and physical evidence all matter.
• Self-defence (s. 34): Force may be lawful if it was a reasonable response to a threat.
• Accident or lack of intent: Assault requires intentional force.
• Consent: This is relevant only in limited situations, such as mutual horseplay.
• Prior statements: If a complainant's testimony changes, the Crown may try to rely on an earlier recorded statement. Strict rules apply.
• Charter issues: These include a police entry or search of the home (s. 8), whether a detention was arbitrary (s. 9), and whether police respected your right to speak with a lawyer without delay (s. 10(b)). Unreasonable delay can also be raised under s. 11(b).
• Bail conditions: A lawyer can ask the court to review conditions that are unworkable, such as those affecting your children or your work.

How common is this charge in Quebec?

Statistics Canada's police-reported data does not report domestic cases separately from other assaults in the figures below. Still, it gives a picture of how often the main charges are used.

In 2025, Quebec police reported 46,984 level 1 assault incidents. That is a rate of 518.68 per 100,000 people, and 22,566 persons were charged. The Canada-wide rate was 528.07.

Quebec's rate has climbed steadily from 399.15 in 2016, an increase of about 30%. That is closer to the national rate than it once was.

Uttering threats, often charged alongside domestic assault, is reported above the national level in Quebec. In 2025 there were 22,245 incidents, a rate of 245.58 compared with 233.66 nationally, and 8,577 persons were charged. The Quebec rate was 185.51 in 2016.

See more on our Quebec crime statistics page, and follow recent cases in Quebec crime news.

If you are the victim or complainant

If you are in danger, call emergency services right away. You can report to police at any time, including about past incidents.

After a report, police investigate and send the file to a DPCP prosecutor, who decides whether to authorize charges. The prosecutor represents the public, not you personally. Still, you can share your concerns about safety and about release conditions.

CAVAC centres (crime victims assistance centres) offer support. They can provide information about the court process, help you prepare to testify, and refer you to other resources. They can also help you write a victim impact statement for sentencing.

You may be eligible for financial help through IVAC, Quebec's crime victim compensation program.

No-contact conditions protect you while the case is ongoing. If they are breached, tell police. You are not responsible for the accused's breach, even if contact happens.

If no charge is laid, or the case ends, you may be able to apply for a peace bond under s. 810. This is a court order requiring someone to keep the peace and follow conditions, such as no contact, for up to 12 months. It does not involve a criminal conviction.

You can also get your own legal advice, separate from the prosecutor. This can help with safety planning, family law or other questions.

When to speak with a lawyer

The best time to speak with a criminal lawyer is as early as possible. Ideally that is before you give any statement to police, and before your first appearance.

You have the right to stay silent. Anything you say, including texts or messages to the complainant, can become evidence. A lawyer can also help you deal with release conditions, arrange to collect your belongings safely, and review disclosure.

If you cannot afford a lawyer, you may qualify for legal aid through the Commission des services juridiques (aide juridique). Eligibility depends on your income and your situation.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer here. Victims and complainants can request one here.

This guide is general information, not legal advice. Laws and outcomes depend on the facts of each case, so speak with a qualified lawyer about your situation.

Frequently asked questions

Can the victim drop domestic assault charges in Quebec?

No. In Quebec, a prosecutor from the Directeur des poursuites criminelles et pénales (DPCP) authorizes charges and decides whether they continue. The complainant can tell the prosecutor what they want, and that may be considered, but the decision belongs to the DPCP. A case can still go ahead even if the complainant no longer wishes to participate.

Can I go home after being charged with domestic assault?

Often not right away. Release conditions in domestic cases usually forbid contact with the complainant and visits to the shared home, even if you own it or the complainant agrees. Breaking a condition is a separate criminal offence. A lawyer can ask the prosecutor or the court to change conditions, for example to let you collect belongings with a police escort.

What is the sentence for a first-offence domestic assault in Quebec?

There is no fixed sentence and no mandatory minimum. For a first offence with no serious injury, outcomes can range from a discharge with probation and counselling, to a fine, a suspended sentence or a conditional sentence. Courts treat intimate partner violence as an aggravating factor, so jail is possible, especially with injuries, a weapon or a prior record.

Will a domestic assault charge give me a criminal record?

A charge alone is not a conviction, but police records of the charge can exist. A conviction creates a criminal record. A discharge is not a conviction and is generally removed from the RCMP system after one year if absolute, or three years if conditional. After a conviction, you can apply for a record suspension after 5 years for summary offences or 10 years for indictable ones.

Can I get a peace bond instead of a conviction?

Sometimes. In some domestic cases, the prosecutor may agree to withdraw the charge if you enter into a peace bond under s. 810. This is a court order to keep the peace and follow conditions, such as no contact, usually for up to 12 months. It is not a conviction. Whether this is offered depends on the facts, your history and the prosecutor's assessment.

How long does a domestic assault case take in Quebec?

Simple cases may be resolved within a few months. Cases that go to trial can take a year or more. Under the Jordan decision, cases in the Court of Québec generally must finish within 18 months, and Superior Court cases within 30 months, not counting delay caused by the defence. Release conditions usually stay in force until the case ends.

Do I need a domestic assault lawyer in Quebec?

It is strongly recommended. Domestic assault charges carry no-contact conditions, possible jail, firearms prohibitions, and consequences for travel, immigration and family matters. A criminal lawyer can advise you before you speak to police, deal with bail conditions, review disclosure and assess defences such as self-defence or Charter breaches. Legal aid may be available through the Commission des services juridiques.