Domestic Assault: What You Need to Know When You Are Accused

Being accused of domestic assault in Ontario can have life-altering consequences in your personal and professional life, including criminal records, restrictions on communication, and even jail time. Understanding how the legal system approaches these cases and how to protect yourself is crucial. This guide outlines what you need to know if you are accused.

In Ontario, domestic assault falls under the broader category of assault under the Criminal Code of Canada. Still, it is treated more seriously because it involves individuals in an intimate relationship (spouses, partners, family members, or cohabitants), often carrying stricter bail conditions, court orders, and long-term consequences that can impact child custody, immigration status, and employment.

Key Aspects of a Domestic Assault Charge:

• Mandatory Charging Policy:  If police are called to a domestic dispute and believe an assault has occurred, they must lay charges, even if the complainant does not want to proceed.
• Complainant’s Testimony: People in my office often say, “There are no proofs.” This is incorrect because a complainant’s testimony is evidence, and domestic assault cases rely primarily precisely on the complainant’s testimony, needing no other evidence.
• No-Contact Orders and Bail Conditions: Individuals charged with domestic assault may be subjected to stringent bail conditions. These can include No Contact with the Complainant (regardless of the complainant’s desire for reconciliation) and prohibition on returning to the Family Residence. There may be limitations on interaction with children.

What to Do If You Are Accused

• Do Not Speak to the Police Without Legal Representation.
• Comply with Bail Conditions.
• Gather Evidence and Witnesses.
• Hire a professional.

A conviction for domestic assault can have lasting effects, including:

• A criminal record affects job opportunities, travel restrictions and immigration processes, if there are any.
• Loss of custody or access to children.
• Immigration consequences, including deportation for non-citizens.
• Restrictions on firearm possession under federal law.
• Social stigma and damage to personal relationships.

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