Domestic violence is a deeply personal and sensitive issue that affects people of all genders and backgrounds. When a domestic dispute escalates into physical or threatening behaviour, it becomes a domestic assault case.
In Ontario, these cases are treated seriously because intimate partner violence involves a breach of trust and often occurs behind closed doors.
This guide explains what happens during a domestic assault case, how it differs from a regular assault, the stages of the legal process, and the resources available to both the complainant and the accused. Whether you’re a complainant seeking safety or someone facing charges, understanding the process can help reduce fear and uncertainty.
How Domestic Assault Is Defined
Under Canadian law, domestic assault is not a separate offence. Instead, it is prosecuted under the general assault provisions in the Criminal Code. Section 265 of the Criminal Code states that an assault occurs when a person applies force intentionally without consent, threatens to apply force, or accosts someone while openly wearing a weapon.
The definition applies to all forms of assault, including sexual assault and assaults with weapons. In a domestic context, the act takes place within an intimate relationship between spouses, common‑law partners, dating partners, or family members. Due to the close relationship between the parties, domestic violence can also include psychological, emotional, and economic abuse.
Why Domestic Assault Is Treated Differently
While the Criminal Code does not distinguish domestic assault from other assault charges, cases involving intimate partners receive special attention. The Ontario Crown Prosecution Manual emphasises that intimate partner violence is a serious criminal act with far‑reaching impacts on victims and children.
Prosecutors must consider victims’ safety at every stage, including bail hearings. Specialized domestic violence courts exist in some jurisdictions to expedite cases, ensure consistent bail conditions and connect offenders with counselling programs such as the Partner Assault Response (PAR) program.
Reporting Domestic Assault and the Initial Police Response
Making a Report
Many domestic assaults come to light through 9‑1‑1 calls or police reports. In Ontario, police follow a pro‑charge policy: if there is reasonable grounds that an assault occurred, they will usually lay charges, even if the complainant later changes their mind. This policy aims to protect victims who may be reluctant to pursue charges because of fear, financial dependence, or emotional attachment.
Police Investigation and Arrest
After a report, officers attend the scene, ensure the safety of the complainant, and gather evidence such as witness statements, photographs of injuries, and other physical evidence.
If police believe an offence occurred, they may arrest the accused on the spot. The accused may be released with an appearance notice, an undertaking with conditions, or held for a bail hearing.
Mandatory Conditions
Release conditions usually prohibit contact, direct or indirect, with the complainant and other listed individuals. These “no‑contact” orders can be difficult for couples who share a home or have children, but breaching them can result in additional charges. Compliance with bail conditions is essential; failing to attend court or breaching an undertaking can lead to arrest and further criminal offences.
Understanding Bail and Release Conditions
The Bail Hearing
If police hold the accused in custody, a bail hearing must occur within 24 hours. A judge or justice of the peace decides whether to release the accused and under what conditions. The Crown must usually justify continued detention by showing it is necessary to ensure the accused’s attendance in court, protect public safety, or maintain confidence in the justice system. In domestic assault cases, prosecutors assess risk factors such as previous violence, substance abuse and the parties’ relationship and may oppose release if the complainant’s safety could be jeopardized.
Common Bail Conditions
When the court grants bail, conditions may include:
- No contact orders: prohibiting the accused from contacting or coming near the complainant and sometimes children or other family members.
- Residence requirements: requiring the accused to live at a specific address, often away from the complainant’s home.
- Curfews or geographic restrictions: limiting where the accused can travel or requiring them to stay at home during certain hours.
- Prohibition on weapons and alcohol: forbidding possession of firearms or consumption of alcohol if substance abuse is a factor.
- Counselling or treatment: ordering participation in anger management or addiction programs.
Release conditions can sometimes be varied with the consent of the Crown. Defence counsel may negotiate limited contact for child‑care arrangements or to attend counselling together. The accused should never try to vary conditions without going through the court, as breaches lead to new charges and can harm the defence.
The Domestic Assault Case Process
Step 1: Arrest or Summons
A domestic assault case begins when the police lay a charge. This can occur in one of four ways: the accused receives a summons to attend court, is given an appearance notice, is released on an undertaking, or is arrested and held for bail. The documents specify the court date and may require the accused to be fingerprinted.
Step 2: Bail Hearing
If the accused is detained, they appear in bail court. Duty counsel or a privately retained lawyer presents information about the accused’s job, community ties and plans to abide by conditions. The justice decides whether to release the accused and sets conditions on ontariocourts.ca.
Step 3: Case Management/First Appearance
The first court appearance outside the bail court happens in the case management court. Before this date, the accused should obtain legal counsel and the disclosure of the Crown’s evidence against them.
Disclosure may include police notes, witness statements, photographs, medical records and a charge screening form, which outlines the Crown’s position and whether the case will proceed by summary conviction or indictment. Reviewing disclosure early helps the accused decide whether to plead guilty, request diversion or set a trial date.
Step 4: Crown and Judicial Pre‑Trials
In many domestic assault cases, the defence and Crown meet in a Crown pre‑trial to discuss issues such as evidence, witness lists and potential resolutions. Judicial pre‑trials involve a judge and can help narrow issues before trial. Resolutions might include withdrawals, peace bonds or guilty pleas to lesser charges. For first‑time offenders with no serious injuries, the Crown may agree to withdraw charges if the accused completes counselling.
Step 5: Trial
If the Crown does not drop the charge and no guilty plea is entered, the case proceeds to trial. Both sides present evidence and witnesses; the complainant may testify, and the defence may cross-examine. The accused is not required to testify but may do so to assert a defence such as self‑defence.
The judge or jury assesses credibility and decides whether the Crown has proved the case beyond a reasonable doubt. Innocent defendants who maintain their innocence often have no choice but to go through the trial process.
Step 6: Sentencing
If the accused is found guilty or pleads guilty, the court considers various factors, severity of the assault, criminal history, impact on the victim, and whether a weapon was used, to decide the appropriate sentence. Penalties range from conditional discharges, fines and probation to jail terms up to five years for common assault.
The Crown may request a DNA order or weapons prohibition. Victim impact statements are invited to inform the court about the harm suffered, and restitution may be ordered for counselling costs or property damage.
Step 7: Post‑Trial Options
Individuals with withdrawn charges, absolute or conditional discharges, or acquittals can apply to have fingerprints and photographs destroyed. Policies vary by police service, but removing records is important to avoid future problems with background checks and international travel.
Those with convictions may apply for record suspensions after completing their sentence and waiting five to ten years, depending on whether the Crown proceeded summarily or by indictment.
Impact on the Accused
Facing a domestic assault charge in Ontario has significant consequences. Even before trial, the accused may be displaced from their home, restricted from contacting loved ones and required to pay legal fees. If convicted, the offence shows up on all forms of background checks, can prevent travel to the United States, affect immigration status, and lead to sanctions by professional regulatory bodies.
A criminal record may also be used in family court proceedings regarding child custody and access. Because of these consequences, obtaining experienced legal counsel early is crucial.
Peace Bonds and Protective Orders
In some cases, the Crown may resolve a domestic assault charge by withdrawing the criminal charge and having the accused enter into a peace bond under section 810 of the Criminal Code. A peace bond is a court order that requires a person to “keep the peace and be of good behaviour” and usually includes conditions like no contact, staying away from certain places and surrendering weapons.
To issue a peace bond, the applicant must show a reasonable fear that the defendant will cause harm. The order can last up to one year and breaching it is a criminal offence. Peace bonds differ from restraining orders (a civil remedy) and may be part of a criminal resolution plan. Victims can apply for a peace bond directly at a provincial courthouse; no lawyer is required, but legal advice is helpful.
Partner Assault Response (PAR) Program
Ontario’s Partner Assault Response (PAR) program is a court‑ordered counselling and education initiative for offenders charged with domestic violence. Participants attend 12 sessions covering topics such as substance abuse, respectful communication, conflict resolution and taking responsibility.
The program teaches non‑violent strategies and helps offenders recognize triggers. There is a fee, often adjusted based on income. PAR providers also contact victims or current partners to offer safety planning, support and information. Completing PAR is often a condition of probation and can be part of a resolution leading to a withdrawal of charges.
Support and Resources for Victims
Domestic assault victims may feel isolated and unsure of where to turn. In addition to calling police, they can access:
- Victim/Witness Assistance Program (VWAP): Provides court support, information about the case and referrals to community agencies.
- Shelters and Crisis Lines: Temporary housing and confidential support for those fleeing abuse. Many shelters operate 24/7 crisis lines.
- Victim Services of Ontario: Offers safety planning, counselling referrals and help with victim impact statements.
- Peace Bonds and Restraining Orders: As described above, peace bonds and civil restraining orders can prohibit contact and provide legal protection.
- Counselling and Therapy: Many community organizations offer trauma‑focused counselling and support groups for survivors.
Understanding the dynamics of domestic abuse is vital. The Crown Prosecution Manual notes that victims may be under financial pressure, care for children or still feel an emotional bond to the accused. Victims’ reluctance to proceed does not automatically lead to dropping charges.
Support and Options for the Accused
Being accused of domestic assault is life‑altering. In addition to hiring counsel, accused individuals can:
- Obtain Disclosure Early: Reviewing police notes and witness statements helps build a defence.
- Comply Strictly with Conditions: Following no‑contact orders and other conditions prevents additional charges.
- Attend Counselling Voluntarily: Participating in substance abuse or anger management programs can show the Crown a willingness to change and may lead to more favourable resolutions.
- Gather Evidence: Preserve text messages, emails or other evidence that could support a defence.
- Stay Off Social Media: Comments about the case can harm the defence.
Conclusion
Being involved in a Domestic Assault Case in Ontario can be overwhelming for both the complainant and the accused. The process, from police response and bail hearings to trial, sentencing and post‑trial options, requires careful navigation. Complainants should know that help is available through victim services, shelters, and protective orders.
Accused persons must understand the gravity of the charges, the importance of following release conditions, and the benefits of early legal advice and counselling. If you or someone you know is involved in a domestic assault case in Ontario, reach out today for confidential legal guidance and support. Protect your rights, your future and your family’s well‑being, consult with an experienced legal professional to discuss your options and next steps.
Frequently Asked Questions (FAQs)
Can the complainant drop the charges?
Not directly. Once charges are laid, the decision to proceed rests with the Crown. While the complainant’s wishes are considered, prosecutors must prioritize public safety and may continue even if the complainant wants the charges withdrawn.
What happens if the accused and complainant want to reconcile?
Any contact requires a court‑ordered variation of bail conditions. Defence counsel can request a change by demonstrating factors such as the seriousness of the allegations, relationship history and participation in counselling. Unauthorized contact can result in new charges.
What is the difference between a peace bond and a restraining order?
A peace bond is a criminal court order under section 810 that requires a person to keep the peace and obey specific conditions. A restraining order is a civil court order usually issued in family court to protect someone from a partner or ex‑partner. Breaching either order is a criminal offence.
Will a domestic assault conviction appear on background checks?
Yes. Convictions show up on vulnerable sector and regular police background checks, may affect U.S. travel, and can have immigration consequences.
Can the accused plead guilty early to receive a lighter sentence?
Early resolutions can mitigate. Courts often impose harsher sentences after a contested trial than after an early guilty plea. However, a guilty plea should only be entered after receiving legal advice and reviewing disclosure.
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.
