Domestic Assault is not a separate offence under the Criminal Code of Canada. It is an Assault charge under ss. 265 to 268 classified as domestic based on the relationship between the Accused and the Complainant. It applies to current or former spouses, common-law partners, dating partners, family members, and roommates.
Ontario's mandatory charging policy directs Police to lay a charge wherever reasonable grounds exist, regardless of the complainant's wishes, and Crown policy creates a strong presumption against withdrawing a Domestic Assault charge once it is laid. Retaining Defence Counsel immediately after an arrest is essential.
Foote Law represents clients facing Domestic Assault charges at every stage:
Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.
The specific charge laid depends on the nature and severity of the alleged incident. No physical injury is required for a charge to be laid under s. 265. Threats that cause a person to fear immediate bodily harm and intentional application of force without consent both meet the statutory threshold.
If held in custody, a Bail Hearing must occur within 24 hours. Release has conditions that include no contact with the complainant, no attendance at their residence or workplace, and surrender of any firearms.
Conditions can only be modified through a formal variation application with Crown consent and Court approval. Any contact with the complainant before that variation is granted, even if initiated by the Complainant, constitutes a separate criminal offence under s. 145 of the Criminal Code.
Following Bail, the file proceeds to requesting disclosure and participating in Resolution discussions. If unresolved, the matter proceeds to Trial in the Ontario Court of Justice.
A Domestic Assault conviction carries a permanent Criminal Record and a Sentence ranging from Conditional Discharge to imprisonment depending on the circumstances. Where the Crown proceeds by Indictment, a conviction also carries a mandatory firearms prohibition under s. 109 of the Criminal Code; where the Crown proceeds summarily, the prohibition is instead discretionary under s. 110.
The intimate partner relationship is a statutory aggravating factor under the Criminal Code, and Domestic Assault convictions attract harsher sentences than equivalent non-domestic offences. A conviction may also affect immigration status, employment, professional licensing, and entry to the United States of America.
The available defence in any Domestic Assault matter depends entirely on the specific evidence and circumstances. Foote Law examines the Crown's disclosure at the earliest opportunity, including Police notes, 911 calls, Witness Statements, and any prior record of contact between the parties. Defence strategies in Ontario Domestic Assault proceedings include:
A Domestic Assault charge moves quickly, and what happens in the first few days, from the Bail Hearing through to your first appearance, can shape the rest of the case. If you or someone you know has been charged, call Foote Law in Orangeville at 519-940-8309.
