Police in Ontario follow a zero‑tolerance policy toward allegations of intimate‑partner violence, so someone accused will usually be arrested and will have to attend court soon afterwards. Understanding what the first court date means and what happens next is critical.
This guide explains the criminal process from arrest and bail through case management, bail conditions, no‑contact orders, counselling programs and potential resolutions after domestic assault charges.
What are Domestic Assault Charges?
Under Canada’s Criminal Code, there is no separate offence called “domestic assault.” Rather, domestic cases are prosecuted under general assault provisions. Section 265 of the Criminal Code states that a person commits an assault when they intentionally apply force to another person without their consent, threaten or attempt to apply force, or accost someone while openly carrying a weapon. These provisions apply to all assaults, including those that occur between intimate partners, family members or former spouses. More serious forms of assault, such as assault causing bodily harm or aggravated assault, are covered by sections 266–268.
In domestic contexts, prosecutors and courts treat the offence more seriously because of the relationship between the parties and the increased risk of ongoing harm.
The Ontario Crown Prosecution Manual defines intimate partner violence as physical, psychological or sexual force (actual or threatened), criminal harassment or controlling behavior occurring within a dating, common‑law or marital relationship. It stresses that domestic violence is not a private matter and that prosecutors must consider victim safety at every stage.
Immediate Aftermath: Arrest and Bail Hearing
Arrest and Release
When police believe an assault occurred in a domestic context, they will arrest the accused. Depending on the circumstances, the police may:
- Release the accused with an undertaking (often called Form 10) that sets out conditions such as a promise to attend court, report to police, reside at a certain address or abide by a no‑contact condition.
- Hold the accused for a bail hearing. A bail hearing must take place “as soon as possible” so that a justice of the peace can decide whether to release or detain the accused.
Under Canada’s bail laws, release with minimal conditions is the default position; detention is the exception. However, in domestic‑violence cases the Crown will often oppose release or seek strict conditions to protect the complainant.
Bail Conditions
If an accused is released on bail, the court can impose conditions tailored to the case. The Department of Justice notes that typical bail conditions include:
- Attending court as directed
- Reporting to a police officer
- Remaining within a specific jurisdiction
- Notifying authorities of address or employment changes
- Depositing a passport to prevent travel
- House arrest or curfew
- Surrendering firearms or prohibited weapons
- No contact or communication with the complainant and prohibitions on visiting certain locations
These conditions are designed to ensure the accused attends court and does not commit new offences while on release. Breaching a bail condition is a separate criminal offence and can lead to detention until trial.
Varying Bail Conditions
Strict release conditions can prevent the accused from living at home or contacting their partner. The Ontario Court of Justice provides a consent‑variation procedure that allows an accused, with the written consent of the Crown (and any surety), to change bail conditions without a court appearance. To vary a release order, the accused must submit an Application for Consent Variation of Bail form identifying the proposed changes and the reasons for them. The form must be emailed to the Crown; if the Crown consents, it is forwarded to a judge for approval, and the accused must continue to follow the existing conditions until notified.
For police undertakings, a similar process under section 502(1) allows variation with the written consent of the accused and Crown. If the Crown does not agree, the accused can apply to the court for a hearing to replace the undertaking with a release order.
The First Court Date (Case Management Court)
The first court appearance is not a trial. In the Ontario Court of Justice, the first appearance happens in case management court, sometimes called “set‑date court.” The appearance notice or release order given by police lists the date, time and location. During this initial appearance:
- You (or your lawyer) inform the court whether you will be represented by counsel, need time to hire a lawyer or will represent yourself.
- The Crown provides disclosure, which is the evidence and information in the case. You are entitled to review disclosure before deciding how to proceed. Disclosure may include the charging document (“Information”), police notes, video or audio recordings, witness statements and other evidence.
- The judge or justice of the peace will ask for updates on disclosure, legal representation and any pre‑trial discussions. At the end of the appearance, they set the next court date and outline what needs to be done before then.
Pro tips:
- Hire a lawyer early. An experienced criminal‑defense lawyer can review disclosure, negotiate with the Crown and identify defenses.
- Obtain disclosure promptly. Contact the Crown Attorney’s office before the first appearance to arrange digital access.
- Bring identification and release documents. These may be required to register with the digital disclosure hub or apply for Legal Aid.
What Happens After the First Appearance?
Additional Court Appearances and Case Management
Domestic assault cases often require multiple appearances before trial. After the first appearance:
- Remand or set‑date court: The court will want to know if you have retained counsel and whether you plan to plead guilty or set a trial date.
- Judicial pre‑trial: If you are uncertain about pleading guilty or setting a trial date, you can request a pre‑trial conference with a judge and the Crown (without witnesses present). This confidential meeting explores potential resolutions, including community service or counselling as part of diversion.
- Resolution discussions: The Crown may offer an early resolution such as a guilty plea to a lesser offence, participation in counselling or entry into a Peace Bond (section 810 recognizance). The Ontario Crown prosecution directive notes that in some circumstances a motivated, low‑risk accused may be offered domestic‑violence education and counselling when they plead guilty or agree to a peace bond.
- Trial: If you plead not guilty, the matter proceeds to trial, where the Crown must prove the charges beyond a reasonable doubt.
Disclosure and Legal Aid
Disclosure is ongoing; you may continue to receive evidence after the first appearance. Review it carefully with your lawyer. If you need a lawyer but cannot afford one, apply to Legal Aid Ontario. Legal Aid may ask for the Charge Screening Form included in your disclosure, which shows the Crown’s initial position on the case.
Domestic Assault Bail Conditions After the First Court Date
Common Conditions in Domestic Assault Cases
Domestic assault charges almost always carry strict release conditions to ensure victim safety. In addition to the general bail conditions listed earlier, conditions specific to domestic cases may include:
- No‑contact or no‑communication: The accused must not contact the complainant (and sometimes other family members) directly or indirectly by phone, text, social media or through third parties.
- No attendance at certain places: The accused may be prohibited from attending the complainant’s residence, workplace, school or other specified locations.
- Abstinence from alcohol or drugs: Where substance abuse contributed to the alleged offence, the court may order abstention and random testing.
- Weapons prohibitions: The accused cannot possess firearms, ammunition or other weapons.
Changing No‑Contact Conditions
Changing a no‑contact order requires either a consent variation (both parties, the Crown and any surety agree) or a formal application. The accused must complete the appropriate form and email it to the Crown. Until the court approves the variation, the existing conditions remain in force. A complainant’s desire to resume contact does not automatically lift a no‑contact order; the Crown must agree and the court must amend the order.
Pro tip: Never contact the complainant without written permission from the court, even if they initiate contact. Doing so could lead to a breach charge, revocation of bail and additional charges.
Understanding Peace Bonds and No‑Contact Orders
A peace bond is a court order made under section 810 of the Criminal Code when someone fears another person will commit an offence. It is an alternative to criminal prosecution in some domestic‑violence cases. Key points:
- Purpose: A peace bond protects the complainant when there is a risk but insufficient evidence to pursue criminal charges. The defendant must abide by conditions (e.g., keep the peace, no contact, no weapons, abstain from alcohol/drugs).
- Duration: Peace bonds can last up to one year and may be renewed if the risk continues.
- Breaches: Breaching a peace bond is a criminal offence punishable by up to four years in prison.
The Crown prosecution manual states that, in exceptional cases where victim safety and the public interest warrant, prosecutors may resolve a domestic‑violence case by negotiating a peace bond. Such decisions require approval from the Crown Attorney and must include weapons prohibitions.
Peace Bond vs. Probation Order
A peace bond is different from a probation order. Probation is imposed after a guilty plea or conviction and may include counselling requirements and other conditions. Breaching probation can result in further charges and penalties. A peace bond does not result in a criminal conviction but may show up on police records for up to one year.
Diversion and the Partner Assault Response (PAR) Program
In some cases, particularly for first‑time or low‑risk offenders, the Crown may offer diversion, an alternative to prosecution that focuses on rehabilitation. For domestic‑violence offences, diversion often involves the Partner Assault Response (PAR) program.
What is PAR?
The PAR program, provided by community agencies under contract with the Government of Ontario, is a 12‑session group education and counselling program for offenders charged with domestic violence. Program topics include:
- Substance abuse
- Respectful communication
- Conflict resolution
- Taking responsibility for actions
The PAR program helps participants understand domestic violence, learn non‑violent strategies and identify triggers for abusive behavior. It also offers victim outreach: PAR agencies contact victims and current partners to provide safety planning and support.
How PAR Can Resolve a Case
According to the Crown prosecution manual, prosecutors may recommend counselling such as the PAR program when the accused pleads guilty or agrees to enter a peace bond, provided the accused has no prior violence‑related convictions and did not cause serious injury. Completing PAR can be a condition of a discharge (where the accused pleads guilty but is not convicted) or part of a probation order. Successful completion demonstrates accountability and may persuade the Crown to withdraw charges.
Costs and Access
Participants pay a fee based on income; fees are negotiable. Indigenous‑specific intimate partner violence prevention programs are available for accused persons from Indigenous communities. Contact the Victim Services Directory to find PAR services in your area.
Can the Complainant Drop the Charges?
One of the most common questions is whether the complainant (alleged victim) can “drop” domestic assault charges. No. Under Canadian law, once police lay charges the matter is prosecuted by the Crown on behalf of the public. The Ontario Crown prosecution directive explicitly instructs prosecutors not to withdraw charges solely because the victim requests it. Prosecutors must consider the safety of the victim and public interest factors, and given the prevalence and danger of intimate partner violence, it is usually in the public interest to proceed.
While the victim’s wishes are important, they are only one factor in the prosecutor’s decision. Victims may feel pressured to recant due to financial dependence, fear of losing the accused’s support or cultural expectations. Prosecutors are trained to recognize these dynamics and may rely on other evidence (police observations, witness statements, 911 recordings) even if the victim recants.
Counselling and Diversion Options
Conditional Discharges and Probation
A conditional discharge allows an accused to avoid a criminal conviction if they plead guilty and comply with conditions (e.g., complete PAR, perform community service) for a specified period. After completing the conditions, the discharge becomes absolute and no conviction is recorded. This outcome is more likely for less serious domestic assaults involving no injuries and where the accused accepts responsibility.
Other Counselling Programs
Beyond PAR, courts may order anger‑management counselling, substance‑abuse programs or mental‑health treatment. The prosecutor may also require the accused to complete parenting or family‑violence education if children were involved. Completing counselling before trial can demonstrate rehabilitation and may influence the Crown’s resolution position.
Family Law, Travel and Employment Consequences
Family Law and Custody
Domestic assault charges can affect family‑law proceedings. Judges deciding child‑custody and access issues must consider the best interests of the child, and allegations of family violence are highly relevant. Although a criminal charge does not automatically bar the accused from seeing their children, the court may order supervised access or restrict parenting time until the criminal matter is resolved. A conviction or record of violence can make it harder to obtain shared custody or unsupervised access, particularly if there is evidence of ongoing risk.
Criminal Record and Travel
If you are convicted of domestic assault, you will have a criminal record that appears in police background checks. This can limit employment opportunities, particularly in professions that require vulnerable‑sector checks (e.g., teaching, healthcare, childcare). A criminal record may also restrict travel to other countries; for example, the United States can refuse entry to Canadians with convictions for crimes of violence. Conditional discharges and peace bonds do not result in a criminal conviction, but peace bonds may show up in police databases until they expire.
Employment
Many employers require criminal‑record checks. Even if charges are withdrawn or you receive a discharge, the record of the charge may appear in some types of checks. It is advisable to consult a lawyer about seeking a record suspension (pardon) after completing a sentence or discharge.
Get Professional Help
Facing domestic assault charges in Ontario is daunting, but understanding the process can help you make informed decisions and avoid further legal trouble. The stakes are high: your liberty, family relationships and future employability may all be affected. Seek legal advice immediately, follow your bail conditions, and explore counselling or diversion programs. If you or someone you know is charged, reach out to a qualified criminal‑defense lawyer like at Lexaltico LLP for help. Taking proactive steps today can protect your rights and move you toward resolution.
Frequently Asked Questions (FAQs)
What happens at the first court date (first appearance) for domestic assault in Ontario?
The first court date is held in case management court and is not a trial. The Crown provides disclosure of the evidence, and you or your lawyer update the court on your legal representation and readiness. The judge or justice sets the next date and may discuss bail conditions.
Will I have bail conditions after a domestic assault charge? What are the most common ones?
Yes. Bail conditions often include reporting to police, staying within a specific area, surrendering weapons and passports, obeying a curfew and, most importantly, no contact with the complainant or attendance at specified locations. Additional conditions may prohibit alcohol or drugs and require electronic monitoring.
Can I contact my spouse/partner after my first court date if we both agree?
Not without the court’s permission. Even if the complainant wants contact, the no‑contact order remains in place until varied. To change a no‑contact condition, you must apply for a consent variation and obtain written consent from the Crown (and any surety). The court must approve the variation before you can communicate legally.
Can the complainant “drop the charges” in Ontario domestic assault cases?
No. Once police lay charges, the case belongs to the Crown. Prosecutors cannot withdraw charges solely at the victim’s request. They must consider public safety and the seriousness of intimate partner violence. Victims can express their views, but the final decision rests with the Crown.
How do I change or remove a no‑contact order in Ontario?
Submit a consent variation application through the Ontario Court of Justice. Complete the relevant form (for bail orders or police undertakings), state the proposed changes and reasons, and email it to the Crown. The Crown and, if required, any surety must consent. The court then decides whether to approve the variation. Until it is approved, the original no‑contact order remains in effect.
Do I need a lawyer before the first court date?
Retaining a lawyer is strongly recommended. Domestic assault law is complex; a lawyer can request disclosure, evaluate defenses (e.g., self-defenses, consent), negotiate with the Crown, explore diversion and ensure your rights are protected. If you cannot afford a lawyer, contact Legal Aid Ontario to determine eligibility for assistance.
Will I be forced out of my home after a domestic assault charge?
Often yes. Bail or undertaking conditions usually require the accused to live elsewhere and have no contact with the complainant. Failing to comply can lead to additional charges. If both parties wish to reconcile, apply for a variation through the court.
What is the Partner Assault Response (PAR) program and can it help resolve the case?
The PAR program is a 12‑session counselling and education program for domestic‑violence offenders. Courts may require completion of PAR as part of diversion, a conditional discharge or probation. Successful completion shows rehabilitation and can help resolve a case, especially for first‑time offenders.
How long does a domestic assault case usually take after the first appearance?
It depends on complexity, court resources and whether you plead guilty or go to trial. Simple cases resolved by guilty plea or peace bond can conclude within a few months. Cases that proceed to trial may take a year or more due to multiple court appearances, pre‑trial discussions and scheduling constraints.
Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.
