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Charged, or someone you know
Release conditions take effect immediately and are strict about contact. Speak to a lawyer before you take any step.
Domestic Assault. Conditions, Court And What Comes Next
A domestic charge usually means you cannot go home, cannot contact your partner, and may not see your children without an order. This page explains why that happens, how long it lasts, and what can be done about it.
There is no offence called domestic assault in the Criminal Code. These matters are prosecuted under the ordinary assault provisions, with section 718.2(a)(ii) treating abuse of an intimate partner as an aggravating factor on sentence.
Domestic Assault Defence
266CC
Charging Section for Assault
24Hours
Outer Limit Before a Justice
12Months
Typical Peace Bond Term
810CC
Peace Bond Provision
Quick Answer
What should I do first after a domestic assault charge in Toronto?
Read your release conditions and follow them exactly, particularly any no-contact term, even if your partner contacts you first. Arrange somewhere to stay if you are barred from the home. Do not delete messages. Preserve texts, photographs and witness names, and retain counsel before your first appearance so a variation can be sought if the conditions do not work.
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WHAT A DOMESTIC CHARGE IS
No Separate Offence, But a Separate Process
There is no offence in the Criminal Code called domestic assault. What you have been charged with is an ordinary offence, most often assault under section 266, sometimes assault with a weapon or causing bodily harm under section 267, uttering threats under section 264.1, mischief, or criminal harassment. What makes the file different is how it is processed. Ontario police services operate under a mandatory charging framework: where an officer forms reasonable grounds to believe an intimate partner offence occurred, a charge is laid, and it is not left to the complainant to decide.
That framework exists for good reasons rooted in the history of these cases. It also means that charges are laid in situations where both people, once the night is over, want the matter to end. Understanding that the process will now run its own course, largely independent of what either person wants, is the first thing that helps.
These matters are heard in the Ontario Court of Justice, in many courthouses through a specialized domestic violence court stream with dedicated Crowns and access to structured resolution programs. Section 718.2(a)(ii) of the Criminal Code makes evidence that the offender abused an intimate partner or a member of the victim's family an aggravating factor at sentencing, which is why these files are treated seriously even where the alleged conduct is at the lower end.
THE FIRST WEEK
Release Conditions and Where You Live
In domestic files police often hold the accused for a bail hearing rather than releasing at the station. Section 503 requires that a person held in custody be brought before a justice within 24 hours or as soon as possible. At that hearing, release conditions are set under section 515. In an intimate partner matter they almost always include no communication directly or indirectly with the complainant, no attendance at the residence or workplace, and a surety or reporting requirement.
The condition binds you, not the complainant
If a no-contact condition is in place and your partner calls, texts or comes to see you, answering is a breach by you. It does not matter who initiated it. It does not matter that you are married, share a home or share children. Breaching bail is a separate offence under section 145 and it is the single most common way an otherwise resolvable domestic file becomes a serious one. If circumstances have changed, the condition must be varied by the court, on the record.
Conditions can be varied. Where the complainant supports contact, a variation can be sought on consent of the Crown, and the court can permit contact for defined purposes, such as arranging parenting time, or through a third party. Where the Crown does not consent, a bail review under section 520 lies to the Superior Court of Justice. These applications require preparation, but they are routine, and living indefinitely under conditions that do not fit your circumstances is not something you have to accept.
Where children are involved, the criminal conditions and any family court order have to be read together. A no-contact condition does not by itself decide parenting time, but it constrains how it can be exercised. Counsel on both sides of that line should be talking to each other.
RESOLUTION PATHS
How These Files Are Resolved
Route
What it involves
Finding of guilt
Criminal record
Withdrawal
Crown concludes there is no reasonable prospect of conviction
No
No
Peace bond, section 810
Recognizance to keep the peace, usually twelve months, with conditions
No
No
Early intervention with PARS
Partner Assault Response counselling, typically twelve sessions, followed by withdrawal or a peace bond
No, where completed on that basis
No
Conditional discharge
Finding of guilt, probation with counselling, no conviction registered
Yes
No conviction, but a record of the discharge until purged
Suspended sentence with probation
Conviction entered, probation up to three years
Yes
Yes
Trial
Crown must prove every element beyond a reasonable doubt
Only if convicted
Only if convicted
The Partner Assault Response programme, usually called PARS, is a counselling programme delivered by community agencies and used widely in Ontario's domestic violence courts. For a first-time accused with no record and an allegation at the lower end, completion of PARS frequently supports withdrawal of the charge or resolution by peace bond. Entry is at the Crown's discretion and is not available in every case, but it is the outcome worth exploring first.
Under section 6.1 of the Criminal Records Act, a conditional discharge is removed from the automated criminal records three years after the court decision and an absolute discharge after one year, which is why a discharge is materially different from a conviction even though both follow a finding of guilt.
DEFENDING THE ALLEGATION
Where the Evidence Is Tested
Domestic allegations are frequently single-witness cases with no independent evidence, decided on credibility and reliability. That is not a weakness in the complainant's position or a strength in yours; it is simply the shape of the trial. The evidence that matters is the 911 recording, the officer's notes of the first statement, any videotaped statement, photographs, medical records, and the text messages between the two of you before and after the incident. Those messages are often the most useful material on the file, and they should be preserved rather than deleted.
Self-defence under section 34 arises in domestic files more often than people expect, particularly where both parties were involved in a physical struggle. Where it has an air of reality, the Crown must disprove it beyond a reasonable doubt. Other live issues include the absence of the required intent, accident, the reliability of an account given while intoxicated or distressed, and inconsistency between the first statement and later ones. Where a complainant recants, the Crown may still proceed and may seek to introduce the earlier statement, so a recantation is not the end of a prosecution.
Charter issues arise as they do in any file: an arbitrary detention under section 9, a search of a home or a phone that exceeded its lawful basis under section 8, or a failure to provide the right to counsel under section 10(b) before a statement was taken. Delay under section 11(b), measured against the ceilings in R. v. Jordan, applies here too.
SENTENCING
Why These Cases Are Treated Seriously
Section 718.2(a)(ii) of the Criminal Code makes evidence that an offender abused their intimate partner or a member of the victim's family a statutory aggravating factor on sentence, and section 718.201 requires a court, when sentencing for an offence involving violence against an intimate partner, to consider the increased vulnerability of victims and in particular the circumstances of female victims. Courts in Ontario apply those provisions consistently, and denunciation and deterrence carry significant weight in this category of offence.
That does not mean custody is the norm. For a first-time accused where the injuries were minor and where counselling has been undertaken, a conditional discharge with probation, or a suspended sentence with probation and a partner assault programme, are common outcomes. Where there is a history of similar conduct, an injury, a breach of an existing order, or the presence of children during the incident, the range moves upward. Ancillary orders including a weapons prohibition under section 109 or 110 are frequently imposed.
Because the collateral consequences of a domestic conviction extend into immigration status, employment, professional licensing and family proceedings, the difference between a peace bond, a discharge and a conviction is often far larger than the difference in any penalty imposed. That is where the real work on these files is done.
THE RELATIONSHIP
Reconciliation, Separation and the Court
Some couples separate after a domestic charge and some reconcile. The criminal court does not decide which, and it will not treat a wish to reconcile as a reason to end the prosecution. What it can do is adjust conditions where the Crown consents or on a bail review, so that contact is permitted, or permitted for defined purposes such as arranging parenting time or attending counselling together. Those variations are made on the record and in advance, never by informal agreement between the parties.
Where the relationship ends, the criminal charge and the family law proceeding run in parallel and each affects the other. Statements made in one can surface in the other. A criminal no-contact condition does not determine parenting time, but it constrains how contact happens, and a family court will want to know what conditions are in place. Where a restraining order under the Family Law Act or the Children's Law Reform Act is sought, it operates separately from the criminal conditions and can outlast them.
Support services exist on both sides of these matters. A complainant has access to the Victim Witness Assistance Programme through the Crown's office. An accused who recognises an underlying issue, whether related to alcohol, anger, stress or a mental health condition, can access counselling independently and should not wait to be ordered to do so. Steps taken voluntarily and early are viewed differently, and more importantly they tend to work better.
PEACE BONDS
How a Section 810 Recognizance Works
A peace bond is the resolution most often sought on a domestic file where the evidence is contested but neither side wants a trial. Section 810 of the Criminal Code allows a person who fears on reasonable grounds that another person will cause personal injury to them, their intimate partner or their child, or will damage their property, to lay an information before a justice. If the defendant enters into a recognizance, the criminal charge is withdrawn.
The key features are these. Entering a peace bond is not an admission of guilt and it is not a finding of guilt. It does not create a criminal record. The term is up to twelve months, and the conditions typically include keeping the peace and being of good behaviour, no communication with the named person except as specified, no attendance at defined addresses, no weapons, and sometimes counselling. A sum is entered on the recognizance which can be forfeited on a breach. Breaching a peace bond is a separate offence under section 811, carrying up to four years by indictment, so the conditions must be treated exactly as seriously as bail conditions.
Whether a peace bond is available depends on the Crown's assessment of the file, the complainant's position and the seriousness of the allegation. It is generally easier to obtain where the injuries were minor or absent, where there is no prior history, and where counselling has already been undertaken. It is worth understanding that the conditions can be negotiated: where contact is needed for parenting or where the parties have reconciled, a bond can be drafted to reflect that.
PRACTICAL GUIDANCE
What Helps and What Hurts
1
Comply with every condition, without exception
No contact means none: no calls, texts, social media, and no messages passed through friends or family unless the order expressly permits a third party.
2
Arrange somewhere to stay
If you are barred from the residence, sort out accommodation and the retrieval of belongings through counsel or a police-supervised attendance, not on your own initiative.
3
Preserve, do not delete
Keep the message history, photographs and any recordings. Deleting material that later becomes relevant looks far worse than anything it might have contained.
4
Consider counselling early
Voluntary counselling started before the Crown pre-trial is viewed differently from counselling ordered afterwards, and it can open the door to PARS-based resolution.
5
Get family law advice in parallel
Separation, parenting time and the matrimonial home are decided in family court, not criminal court, and the two proceedings affect each other.
Domestic matters may be conducted by Lexaltico LLP or referred to experienced criminal defence counsel within our LexKonnect consortium, depending on the charge and the court. Any referral arrangement is disclosed to you in writing before it takes effect and complies with Rule 3.6-6.1 of the Law Society of Ontario's Rules of Professional Conduct. Your interests decide who should carry the file. Where a family law proceeding is running alongside the criminal charge, we can coordinate both.
Common Questions
Frequently Asked Questions
What should I do first after a domestic assault charge in Toronto?
Read your release conditions and follow them exactly, particularly any no-contact term, even if your partner contacts you first. Arrange somewhere to stay if you are barred from the home. Do not delete messages. Preserve texts, photographs and witness names, and retain counsel before your first appearance so a variation can be sought if the conditions do not work.
My partner wants to drop the charge. Can they?
No. The Crown decides whether a prosecution continues. A complainant can tell the Crown they do not wish to proceed, and that is one factor considered, but Ontario police lay charges in intimate partner cases under a mandatory charging framework and the Crown may proceed regardless, including where the complainant recants.
Can I go home if my partner says it is fine?
Not unless the court changes the condition. Release conditions bind you regardless of what the complainant wants, and attending the residence or responding to their message is a breach under section 145 of the Criminal Code. A variation can often be obtained on consent of the Crown, or on a bail review to the Superior Court of Justice.
What is the PARS programme?
The Partner Assault Response programme is community-delivered counselling used in Ontario domestic violence courts, typically around twelve sessions. Where the Crown agrees a case is suitable, completing PARS often supports withdrawal of the charge or resolution by a peace bond, with no finding of guilt and no criminal record.
Will I get a criminal record from a domestic charge?
Not necessarily. Withdrawal, a peace bond under section 810 and diversion all end the matter without any finding of guilt. A discharge under section 730 produces a finding of guilt but no conviction, and it is purged from the automated records one year after an absolute discharge or three years after a conditional discharge.
How does a domestic charge affect my parenting time?
Criminal release conditions can restrict contact with children where they are named, and they constrain how parenting time is exercised. Parenting decisions themselves are made in family court under the Children's Law Reform Act or the Divorce Act. The two proceedings need to be coordinated, so tell your criminal lawyer about any family court matter.
Can a domestic conviction affect my immigration status?
Yes. Under the Immigration and Refugee Protection Act, certain convictions can render a permanent resident or foreign national inadmissible for criminality or serious criminality, and can affect sponsorship and citizenship applications. Raise your status at the first meeting so the resolution can be assessed with that consequence in view.
How long will a domestic assault case take?
Matters resolved through PARS or a peace bond commonly finish within four to eight months, since the counselling itself takes time. Contested trials generally take closer to a year. R. v. Jordan sets a presumptive ceiling of 18 months from charge to the anticipated end of trial in the Ontario Court of Justice.
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Jurisdiction
These pages describe the law of Ontario, and of Alberta only
where a page says so expressly. They do not describe the law of any other province, territory or
country. Law that looks similar across jurisdictions frequently is not.
Currency of the law
Each page states the law as at the review date shown on it. Legislation is amended and case law
develops. A page accurate when written may no longer be.
Generality
These pages describe how a rule usually works. That is not the same as how it applies to your
facts. The exceptions are where most real matters live, and a page written for a general reader
cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
