The following definitions are taken from the Criminal Code of Canada^[35] and apply only to criminal matters:

Most acts of domestic violence would be captured under the provisions on assault^[36] and/or sexual assault.^[37] There is no offense specific to domestic violence in the Criminal Code; however, offenses against an intimate partner or family member(s) of the victim or offender will often lead to more severe sentencing.^[38]

A note regarding Quebec:

There is no definition of "domestic violence" in the civil code. However, domestic violence offenses would be considered:

• as a fault giving rights to reparation for the injury, whether it be bodily, moral or material in nature^[39]
•  as a violation of the rights to personal security, inviolability, dignity and private life (Sections 1, 2 and 5) recognized by the Charter of human rights and freedoms^[40]

The Criminal Code defines a "victim" as:

a person against whom an offense has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of the offense and includes, for the purposes of Sections 672.5, 722 and 745.63, a person who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offense against any other person^[41]

Abuser is not defined in the Criminal Code. The Criminal Code instead uses the term "offender" to mean a person who has been determined by the court to be guilty of an offense. Otherwise, the term "accused" or "defendant" would be used to describe someone who is charged with an offense.

See "domestic violence" definition for the offenses related to domestic violence. Causes of action are brought by a private party against another party. In the criminal law context, charges are laid against a defendant by the prosecution ("Crown"). There are three types of offenses under the Criminal Code, and they differ by the form of punishment that accompanies a guilty verdict.

1. Summary conviction offenses are the least serious offenses, with a penalty being a fine of up to CAD 5,000, up to two years in prison, or both. Domestic violence would likely not automatically fall under a summary conviction offense.
2. Indictable offenses are the most serious offenses and can include punishments of life imprisonment. Certain types of assault and sexual assault are considered indictable offenses. For example, aggravated assault is an indictable offense whereby the punishment can be up to 14 years in prison. Cases of domestic violence may fall under this category, depending on the level of severity.
3. Hybrid offenses are those where the Crown can choose to proceed by either indictment or summary conviction. For example, assault under Section 266 can result in either a summary conviction penalty or imprisonment of up to five years. Cases of domestic violence may be captured under this category; given that domestic violence by nature involves intimate partners or family members of victims and/or offenders, the sentencing principle discussed above will more likely apply in these cases.

The Criminal Code acknowledges marital rape as a crime under Section 287:

Family violence

Further to Section 1 of this report under the heading "Divorce," the amendments to the Divorce Act, which came into force in March 2021, include the following definition of "family violence":

means any conduct, whether or not the conduct constitutes a criminal offense, by a family member toward another family member, that is violent or threatening or that constitutes a pattern of coercive and controlling behavior or that causes that other family member to fear for their own safety or for that of another person — and in the case of a child, the direct or indirect exposure to such conduct — and includes

1. physical abuse, including forced confinement but excluding the use of reasonable force to protect themselves or another person
2.  sexual abuse
3. threats to kill or cause bodily harm to any person
4. harassment, including stalking
5. the failure to provide the necessaries of life
6. psychological abuse
7. financial abuse
8. threats to kill or harm an animal or damage property
9. the killing or harming of an animal or the damaging of property (violence familiale)^[43]

Assault

Assault is defined as applying force intentionally on another person without that person's consent, or attempting or threatening to do so to the point that the other person believes on reasonable grounds that the assault is likely to happen. Sections 265-268 cover varying levels of assault, including assault with a weapon and aggravated assault endangering life. Sexual offenses other than sexual assault are covered under Sections 150.1-162.2, and include sexual exploitation, sexual touching of a minor and voyeurism.

Peace bond

A peace bond is a criminal court order "to keep the peace" under Section 810(1) of the Criminal Code. It is granted by a justice in a summary conviction court who is satisfied that a person has reasonable grounds to fear that a defendant will cause personal injury or damage to property, or publication of an intimate image without that person's consent (under Section 162.1). A peace bond can be in force for up to 12 months, and if a defendant fails or refuses to abide by it, they may be imprisoned for a term of up to 12 months. Courts will have discretion to determine the conditions of the peace bond, including the abstention or testing of drug and alcohol consumption, and prohibiting the defendant from being within a certain distance from the person(s) in need of protection. Also, see Section 4.1 below.