Voie de fait is a civil law concept referring to intentional violence or threats against persons or property without legal justification. Unlike criminal assault, it focuses on private harm rather than public order.
Voie de fait allows victims to sue for damages in civil court. The claimant must prove the defendant acted intentionally and caused harm. French civil law systems, including Quebec, recognize it alongside criminal charges.
Voie de fait includes:
For example, breaking into someone's home constitutes violence against property. A physical altercation qualifies as violence against persons.
Voie de fait differs from criminal assault. Criminal assault involves public safety and may lead to jail time. Voie de fait focuses on compensating victims for private harm.
A landlord who forcibly enters a tenant's apartment without warning commits voie de fait. The tenant can sue for damages under civil law. This differs from criminal trespassing, which the state prosecutes.
Victims can seek compensation for physical or emotional harm. Courts may also issue injunctions to prevent further violence. In Quebec, voir dire proceedings determine whether evidence supports the claim.