Domestic Assault Charges in Toronto and the GTA

A domestic assault charge can upend daily life within hours. Release conditions may bar you from your own home and prohibit contact with your partner, and sometimes with your children. This page explains what the charge involves and what to expect as the case proceeds.

What is domestic assault?

“Domestic assault” is not a distinct offence in the Criminal Code. It is an assault charge laid where the people involved are partners, former partners or family members. In law, assault means applying force to someone without their consent, or threatening to do so; no injury is required. Related charges are sometimes added, such as uttering threats or mischief (damaging property).

Can the other person “drop the charges”?

This is a widespread misconception. Once police lay a charge, decisions about the case rest with the Crown, the lawyer who prosecutes it on behalf of the government. The wishes of the complainant (the person the allegation concerns) are considered, but they cannot end the case on their own.

What happens next

• Release conditions. These court-imposed rules remain in force until the case concludes. Typical conditions prohibit contact with the complainant, require you to stay away from the home and forbid possessing weapons. They bind you even if the other person wants contact, and any breach is a new criminal charge.

• Retrieving belongings. Arrangements can often be made to collect clothing and personal items with a police officer present. Your lawyer can explain how the process works.

• First court date. This appearance is not a trial. Your lawyer requests “disclosure,” the evidence police have gathered, which may include witness statements, photographs and recordings of 911 calls.

• Dedicated courts. Many courthouses run a separate court for these matters. Toronto and Newmarket, for example, each have case management courts reserved for intimate partner or domestic violence cases.

• Varying conditions. Conditions can sometimes be changed, for example to permit contact or time with your children. Any change requires the Crown’s agreement or a court order; never depart from the conditions on your own.

Possible consequences

Outcomes depend on the facts. Some charges are withdrawn. Others are resolved with a peace bond, a promise to the court to keep the peace and observe certain conditions for a set period; a peace bond is not a finding of guilt. A conviction can lead to probation (a period of court-ordered supervision in the community), a counselling program, a criminal record and, in some cases, jail. The charge can also have consequences for family court proceedings, travel, employment and, for those who are not Canadian citizens, immigration status. No lawyer can promise a particular result, but a lawyer can set out the realistic options.

Why prompt advice makes a difference

Release conditions can determine where you live and how often you see your children, so prompt involvement allows more time to seek fair and workable terms. A lawyer can open discussions with the Crown, review text messages and other records, and identify potential witnesses. Advice at this stage also clarifies how the criminal case and any family court proceeding may affect one another. Do not contact the other person about the case, even through friends or relatives; doing so can result in new charges.

How Stephanie Heyens can help

These cases reach into the most private areas of a person’s life. Stephanie listens without judgment. She has spent over 25 years defending criminal charges in Ontario, both with Legal Aid Ontario and in her own practice. She sets out your options clearly so that you can make an informed decision about your case. If you or someone close to you is in custody, see her page on bail for the accused and sureties.

Talk to Stephanie. Stephanie can be reached in confidence at 416-684-4322 or by email at stephanie@stephanieheyens.ca.