Regulation to amend the Regulation of the Superior Court of Québec in family matters
Since 13 June 2019, the parties in a family law case must attest to whether or not they are subject to conditions regarding another party or their child under an order, undertaking or recognizance provided for in the Criminal Code. Any party subject to such conditions must provide the particulars in a notice filed with the court office and provide evidence of those conditions; the same applies if the conditions are replaced, varied or lifted in the course of proceedings.
The new rules stem from the Government Action Plan on Domestic Violence, in which the MJQ made an undertaking to study the possibility of amending the Regulation of the Superior Court of Québec in family matters.
A victim of domestic violence may be a man or a woman. As a victim, you can report the violence and obtain assistance.
Forms of domestic violence
There are various forms of domestic violence, and it may:
- be used to control the other spouse; or
- occur during an argument.
In general, domestic violence is a strategy that a person uses deliberately to control and dominate his or her spouse. The strategy may involve, for example:
- physical violence such as blows or burns;
- psychological violence such as disparaging comments or control over the other spouse's movement, leading to social isolation;
- verbal violence such as sarcasm or insults;
- sexual violence such as sexual assault or sexual disparagement;
- economic violence, such as control over the other spouse's earnings and spending.
When domestic violence is intended to control the other person, it is generally introduced gradually into their life as a couple.
In some cases, a person exercises physical or mental violence against his or her spouse during an argument. Although this type of violence is not intended to control the other spouse, it constitutes domestic violence if it occurs repeatedly.
Consequences of domestic violence
Domestic violence has an effect on the physical and mental health of:
- the victim;
- any children or teenagers who witness the violence.
Effect on the victim
A person who is subjected to domestic violence may be injured by his or her spouse. The injuries may have serious consequences and even lead to death.
In addition, the victim experiences significant stress, which then has a serious physical and psychological effect on his or her development, health and well-being.
For example, the victim may experience:
- chronic pain syndrome;
- sexual or eating disorders;
The victim may also:
- lose his or her self-esteem;
- have feelings of shame or guilt.
Effect on children or teenagers who witness domestic violence
When one of a child's parents is subjected to domestic violence, the child experiences significant stress. Although not directly targeted by the violence, the child may experience:
- anxiety or depression;
- learning disorders;
- social or communication difficulties.
In addition, the child will be more at risk of suffering physical or sexual assault.
To obtain assistance, you should contact one of the aid organizations in your region.
Reporting domestic violence
To report domestic violence, contact your local police department (in French).
Applying for a protection order
To obtain protection from your aggressor, you can apply to the court for a protection order.
A third party may also apply for the order on your behalf.
Terminating a lease
If you no longer feel safe in a rented dwelling, you can terminate your lease.