Getting Charged with Domestic Assault in Ontario
If you’ve just been charged with domestic assault in Ontario, the first few hours or days can feel chaotic and uncertain. Police involvement in these cases almost always leads to criminal charges, and the legal process starts moving quickly—often before you have time to understand what’s happening.
This blog explains what to expect and how the system works. It outlines the charges, court process, conditions you may face, and how to start protecting your legal position. The information here applies whether the case involves a minor argument or a serious allegation. The system treats all domestic cases seriously from the start.
You need to understand what you’re facing before you can make the right decisions. Bail conditions, court orders, and other restrictions can affect your living arrangements, contact with family, and access to your belongings. Even small mistakes can have serious consequences, especially if you violate a condition. Early legal advice is strongly recommended.
What Happens When You Get Charged with Domestic Assault
When police respond to a domestic incident, they are required to lay charges if they believe an offence occurred. This can happen even if the complainant doesn’t want to press charges. Police take direction from their policies and training, not from the people involved.
Once charges are laid, several things can happen quickly:
- You may be arrested and taken into custody for a bail hearing.
- You may be released from the station with an undertaking and strict conditions.
- Police may issue a no-contact or non-attendance condition right away.
- If held overnight, your next step is a bail hearing before a justice of the peace.
If you’re released right away, you will have to sign paperwork that includes your conditions. This document is legally binding. Even if you think the complainant wants contact, you are not allowed to breach the conditions unless a judge changes them later. Courts take breaches more seriously than many of the underlying offences.
If you’re kept in custody, you will go before a justice of the peace the next day for a bail hearing. In these hearings, the Crown may seek your detention, or request a surety, or propose other conditions for release. You may also need to show where you’ll live and how you’ll stay away from the complainant.
Everything you say to police—even if you think you’re explaining or defending yourself—can be used against you. Police are trained to gather evidence from the start, and statements made in panic or confusion often come back to harm the defence later. If you’re being investigated or arrested, it’s safest to say you want to speak to a lawyer and remain silent after that.
The next few days after a charge are the most important time to start building your defence and avoid further legal issues. Make sure you understand your conditions and follow them exactly, even if they seem unfair. Legal representation early in the process can help guide your next steps and prevent common mistakes.
Understanding No-Contact Orders
After you’re charged, most people receive a no-contact order as part of their release conditions. This type of order is common and is not a sign that your case is worse than others. These orders are meant to prevent any communication between you and the complainant while the case is ongoing.
A no-contact order may come in the form of an undertaking (if you’re released from the police station) or a bail condition (if you’re released after a hearing). These are legally enforceable orders, and breaching them can result in additional criminal charges, often more serious than the original allegation.
Even if the complainant wants contact, you cannot rely on that to change the order. The law does not allow private agreement to override a court order. Only a judge or justice of the peace can change or lift the no-contact condition, usually after a formal request is made by a lawyer.
No-contact orders often include a non-attendance clause as well. That means you may not return to the residence you shared with the complainant, or go near their home, work, or other places they are likely to be. You may be allowed a one-time police escort to collect belongings, but this has to be arranged properly and cannot happen on your own.
These conditions typically last until your case is resolved, which can take several months or more. There is no automatic expiry. If you want the terms changed, you must go through the court, or a lawyer, or wait for the resolution of your charges.
If you violate a no-contact order, you may be arrested again and held for another bail hearing. Courts treat breaches seriously—even if the contact was initiated by the other person or was meant to be brief. You need to follow the order as written, not based on assumptions or verbal agreements.
It’s Important to Get Legal Representation
You should contact a criminal defence lawyer as soon as you’re charged with domestic assault. The legal system in Ontario moves quickly in these cases, and the earlier you speak to a lawyer, the more they can do to protect your rights and help you avoid costly mistakes.
A lawyer will explain what your conditions mean, how to follow them, and what not to do while your case is open. You may think you can handle things on your own—especially if you believe the situation was minor—but the consequences of a misstep can be serious. Courts are strict about bail and undertaking conditions, and even accidental violations can lead to new charges.
Legal representation is not just about the courtroom. Your lawyer will communicate with the Crown on your behalf, help you get access to disclosure (the evidence the Crown has against you), and begin working on a plan to resolve the charges. Without a lawyer, it can be difficult to navigate these steps correctly.
Many people wait too long to get legal advice because they’re hoping the charges will go away or be dropped. This is a mistake. Whether you’re planning to contest the charges or negotiate a resolution, your lawyer needs time to review the case and prepare your options. Early legal help gives you the best chance at a better outcome.
Can No-Contact Conditions be Changed?
Yes, but only by a court. The no-contact conditions in your undertaking or bail release are enforceable until a judge or justice of the peace agrees to change them. You cannot ignore or “work around” the conditions just because the complainant agrees. That will still count as a breach, and you can be charged again.
If both you and the complainant want to modify the terms—for example, to allow limited contact or to return home—the first step is for a lawyer to make a formal request. This can involve speaking with the Crown and, if necessary, filing a motion to vary the release terms.
The complainant can also express their position to the Crown directly, or through the Victim/Witness Assistance Program (VWAP). However, the Crown does not automatically follow the complainant’s wishes. Courts focus on whether changing the conditions makes sense based on safety, risk, and the stage of the case.
If the Crown agrees, a variation can often be arranged without a hearing. If not, the court will decide. This process takes time and must be handled properly through legal channels.
Until a change is officially approved, you must follow the original conditions exactly. That includes staying away from certain locations, not using third parties to pass messages, and avoiding any direct or indirect communication. There are no exceptions unless written into the order.
Can You Fight Domestic Assault Charges?
Yes, you can fight domestic assault charges in Ontario. These charges can be defended in court like any other criminal allegation. Just because you’ve been charged doesn’t mean you’ll be convicted.
Many cases depend on what was said or done during emotionally charged situations. The law requires the Crown to prove the charge beyond a reasonable doubt. Your lawyer can raise defences based on credibility, reliability, motive to fabricate, or context. In some cases, the incident may be exaggerated or misreported during a heated dispute.
If the evidence is weak or inconsistent, or if the complainant does not want to proceed, your lawyer can ask the Crown to withdraw the charges or offer a resolution that avoids a criminal record. Where appropriate, the Crown may allow diversion or entry into a PARS (Partner Assault Response) program.
Each case is different. Some require a full trial, others can be resolved quickly. A lawyer will review the disclosure, help you understand your options, and help you decide whether to negotiate or contest the charge. The earlier you start preparing your defence, the more control you’ll have over how the case unfolds.
What Can Domestic Violence Charges Be Reduced To?
Domestic violence charges in Ontario don’t always result in a conviction. Depending on the facts of the case, your criminal history, and the position of the Crown, it may be possible to negotiate a resolution that avoids a criminal record. In many first-time or low-level cases, charges can be reduced or withdrawn entirely.
Common outcomes include:
- Peace bond:
A peace bond is a court order that requires you to follow certain conditions—usually to stay away from the complainant—for a set period (typically 12 months).- No admission of guilt
- Does not result in a criminal conviction
- The charge is withdrawn once the peace bond is signed
- It may appear on certain background checks for up to one year
- Discharge (absolute or conditional):
A discharge means you are found guilty, but no conviction is registered.- Absolute discharge: No conditions; ends immediately
- Conditional discharge: Includes probation or completion of a program (such as PAR), usually for 6 to 12 months
- Does not count as a conviction but can appear on a criminal record check
- Stays on file for 3 years, then automatically disappears
- Withdrawal of charges:
If the Crown agrees there is no reasonable chance of conviction or that continuing is not in the public interest, the charge may be withdrawn entirely.- No criminal record
- No conditions or probation
- May still appear on some record checks temporarily while the case is open
- Diversion programs:
In certain cases, the Crown may agree to diversion, where you complete counselling or programming in exchange for the charge being withdrawn.- Often used with first-time offenders
- Can involve entering the Partner Assault Response (PAR) program
- No conviction if completed successfully
If the facts of your case allow for one of these outcomes, your lawyer will negotiate with the Crown to secure the best possible result. These resolutions are not automatic—you need a legal strategy, early intervention, and often supporting documents (e.g., counselling records or a positive background).
Avoiding a criminal record is possible, but the Crown will assess public safety, your prior history, the seriousness of the allegation, and the complainant’s position. Acting quickly and getting legal help increases your chances of resolving the case with minimal long-term consequences.
Fighting a Domestic Violence Charge
Fighting a domestic violence charge means defending yourself against a criminal allegation that can carry serious consequences. This process is not quick or simple, but it can be managed with the right legal help and a clear understanding of what to expect.
Not every domestic violence case ends in a trial. Many are resolved through negotiation or participation in court-approved programs. But if the allegations are false or exaggerated, and the evidence doesn’t support the charge, a trial can clear your name. The decision to go to trial or negotiate is best made with a lawyer who knows the facts of your case.
Fighting the charge also involves dealing with restrictive bail or release conditions, no-contact orders, and other limitations on your daily life. These conditions stay in place until the case is resolved or the court changes them. Violating them can result in more serious charges.
You don’t have to accept the charge without a fight. But to do it properly, you need to understand the full process.
The Court Process
The court process begins after your first appearance, which is usually listed on your release order or undertaking. This first date is procedural. You are not entering a plea or arguing your case at that stage.
Here’s how the process usually unfolds:
- First Appearance: The Crown provides basic disclosure—police notes, witness statements, and any video or audio evidence.
- Disclosure Review: Your lawyer reviews the disclosure with you to assess the strength of the case.
- Crown Pre-Trial: Your lawyer speaks with the Crown to discuss possible outcomes, including withdrawal, peace bond, or trial.
- Judicial Pre-Trial: If needed, a judge gets involved to help move the case forward or resolve issues before trial.
- Trial or Resolution: You either proceed to trial or reach a resolution such as a discharge or peace bond.
The process involves multiple court appearances over several months. You may not speak in court until trial unless you are called as a witness.
Throughout this process, your lawyer can challenge the evidence, negotiate with the Crown, and push for a result that avoids a criminal record.
How Long Does it Take to Fight a Domestic Violence Charge?
Domestic violence cases can take a long time to move through the courts. Even simple cases often take 12 to 18 months from start to finish. More complicated cases—especially those involving indictable offences—can take up to 30 months or more.
Several factors affect the timeline:
- The seriousness of the allegations
- Whether the Crown is seeking jail time
- How busy the local court is
- Whether there are multiple charges or co-accused
- How quickly disclosure is provided
- Whether the case resolves or proceeds to trial
While the case is ongoing, your release conditions remain in effect. That means you may be living away from home, unable to speak to your partner, or restricted in how you see your children.
Delays can be frustrating, but rushing the process can hurt your defence. A careful review of evidence and proper legal preparation take time. Your lawyer will keep the case moving while protecting your position.
How Much Does it Cost to Fight a Domestic Violence Charge?
Legal fees vary depending on how complex the case is and how long it takes to resolve. For a first-time domestic assault charge without serious injuries, the average cost starts at $5,000 and can exceed $10,000 depending on severity.
If the case involves more serious charges, costs can rise further. Sexual assault allegations, repeat offences, or complex legal issues can raise the costs to $20,000 or more.
Costs also depend on:
- The number of court appearances required
- Whether motions or bail variations are needed
- The length of trial preparation
- The need for expert evidence or translations
Hiring the right lawyer is an investment in your future. Cutting corners on defence can lead to worse outcomes and more costs in the long run.
Penalties for a Domestic Violence Charge
The penalties for a domestic violence charge depend on how the case is resolved and whether the Crown proceeds summarily or by indictment. The range of outcomes is wide—from a peace bond to jail time.
If convicted, you may face:
- A criminal record
- Probation
- Fines or restitution
- A conditional sentence (house arrest)
- Jail time, especially if there is a prior record or serious injury
Other consequences include:
- Loss of employment
- Difficulty travelling to other countries, especially to the United States
- Impact on immigration status
- Family court complications, especially with custody
In less serious cases, the Crown may offer to divert the charge through a peace bond or allow a discharge, which avoids a formal conviction. These outcomes still involve conditions, but they do not result in a criminal record if completed properly.
Courts take domestic violence charges seriously. Even if the incident was minor, the law treats any violence or threat within a domestic setting as an aggravating factor.
Attending Ontario PAR Programs
The Partner Assault Response (PAR) Program is a court-approved option in Ontario designed for people charged with domestic assault. It is often offered in cases involving low-level violence, no prior record, and some willingness to accept responsibility.
The program typically runs for 10 to 12 weeks and includes counselling sessions focused on healthy relationships, communication, and managing conflict. Completing the program can lead to a peace bond or a discharge, which avoids a criminal conviction.
Participation is voluntary unless ordered by the court as part of a sentence. Your lawyer can negotiate for you to be referred to the program, often in exchange for the Crown dropping the charge or agreeing to a non-criminal resolution.
Not every case qualifies for PAR. The Crown will assess the facts, the accused’s history, and whether the complainant supports the resolution. If accepted, the program becomes a path to resolving the case without a criminal record.
Can Your Partner Drop the Charges Against You?
Your partner cannot drop the charges against you, even if they want to. In Ontario, once the police lay a domestic assault charge, the case is handled by the Crown attorney—not the complainant. The Crown alone decides whether the case moves forward or is withdrawn.
Police are required to lay charges when they believe there are reasonable grounds that an offence occurred. They don’t need the complainant’s consent. After that point, your partner’s wishes no longer control how the case proceeds.
The Crown may listen to the complainant’s views, especially about safety or willingness to testify, but that input is only one factor. The Crown must consider whether there is a reasonable chance of conviction and whether continuing with the prosecution is in the public interest.
If your partner no longer wants to participate, they can speak with a lawyer or contact the Victim/Witness Assistance Program (VWAP) to express their position. In some cases, they may provide a sworn affidavit explaining their wishes or clarifying details from their original statement.
Even with this, the Crown can still proceed. Your partner can also be subpoenaed to testify if they are reluctant. If they don’t attend court, a warrant can be issued. The criminal justice system controls how the case unfolds—not the individuals involved.
Getting Your Belongings From Your Residence
If you’ve been ordered to stay away from your home, you can’t return on your own to collect your belongings. This is true even if you pay rent or own the property. No-contact or non-attendance conditions in your undertaking or bail release take priority over property rights.
In most cases, the court allows a one-time return to collect basic belongings. This must be done with a police escort and arranged through your local police service. You’ll need to call the police station, explain your release conditions, and ask to schedule an appointment.
Police will contact the complainant to coordinate a time. During the visit, you may be limited to what you can carry in a backpack or suitcase. Larger assets—like furniture or shared items—can’t be taken without a separate agreement or court order through family court.
The police will supervise the entire visit. You are not allowed to speak with the complainant, even briefly, during this time. If the situation is tense, the complainant may be asked to leave before you arrive.
Trying to return on your own, without police, is a breach of your release conditions. That breach can lead to new charges, including being held in custody until your case is resolved.
Managing Contact with Your Children
If you share children with the complainant, your ability to contact them depends on your release conditions. Many no-contact orders include exceptions for matters related to children, but only under strict terms.
In some cases, the order allows indirect contact through a third party to coordinate parenting time or custody arrangements. That means someone else—usually a relative or family lawyer—acts as a go-between. You cannot use the third party to pass unrelated messages or to discuss the case.
In more restrictive cases, there may be no contact allowed at all until a court changes the order. In that situation, your lawyer can ask the court to permit communication for the limited purpose of parenting or arrange a variation through the Crown.
If you’re allowed to contact your children, the contact must still follow the exact terms of the release. You cannot go beyond what’s allowed, even if the complainant agrees or initiates communication.
Breaking any part of the no-contact or communication condition—whether direct or indirect—can result in a breach. This includes speaking to your children about the incident or asking them to deliver messages. Courts treat this as a serious offence, especially if the children are exposed to conflict.
Managing Custody of Children
Custody decisions are handled in family court, not criminal court. If you’re facing domestic violence charges and you have children, you may need to deal with both systems at the same time. These cases often overlap and create legal complications.
While your criminal matter proceeds, you may be under a no-contact or non-attendance condition. That condition may stop you from seeing your children or going near their home, even if you normally live with them. In that case, your lawyer can work with a family lawyer to request a court-ordered access arrangement.
The family court will assess whether access is in the child’s best interest. If the court believes that contact can happen safely—sometimes through supervision or specific terms—it may issue an order allowing limited or structured parenting time.
If violence happened in front of the children, or if they’re listed as complainants or witnesses, the court may temporarily prohibit any contact. This is common in more serious cases and situations involving prior incidents.
Criminal court judges often defer to family court when it comes to custody and parenting. That’s why getting family law advice early can help protect your rights as a parent while you deal with the criminal case.
Communicating with Your Partner
If you’ve been charged with domestic assault, and your release conditions include a no-contact order, you are not allowed to communicate with your partner under any circumstances unless the order specifically allows it.
The only exception is if the court includes a written exception, such as communication through a lawyer, or indirect contact for the purposes of parenting. These exceptions must be clear and part of the release paperwork.
If your partner says they want to talk, or tries to reach out to you, that does not change the law. You must still follow the court order exactly. Communication without a court-approved exception is considered a breach, even if your partner initiates it or gives consent.
To change the order and allow communication, a lawyer must request a variation through the Crown or file a motion in court. The Crown will review whether communication is appropriate based on the facts of the case and any risk concerns.
Until that variation is approved, you cannot send texts, emails, or messages through friends or family. You also cannot meet in person. If you communicate anyway, you can be re-arrested and face new charges, including breach of release conditions or obstruction.
The safest way to manage this is through your lawyer. Do not guess what’s allowed—get legal advice before speaking or responding.
Can Domestic Violence Charges Impact Your Ability to Travel to the US? – Yes They Can
Yes, if you’ve been charged with domestic assault in Canada, it can affect your ability to cross the border into the United States—even before your case is resolved. U.S. Customs and Border Protection officers have full discretion to deny entry to anyone charged with or convicted of a criminal offence, especially offences involving violence.
Domestic violence charges are treated seriously by U.S. border authorities, regardless of how Canada classifies the offence. Even if the charge is still before the court and you haven’t been convicted, border officers may view it as a security concern or evidence of moral turpitude. If they see the charge on a background check or if you disclose it, they can choose not to let you enter.
You should speak with an immigration lawyer before attempting to cross the border. They can help you understand the risks, prepare the right documentation, and determine whether you need a waiver or a legal explanation letter. If you show up at the border unprepared, you may be turned away—and once that happens, future entries become much more difficult.
A previous denial at the border does not disappear. U.S. authorities keep records of interactions and may flag your name for future checks. That means even if your case is eventually resolved or withdrawn, you may still face extra scrutiny for years to come.
If you need to travel to the U.S. for work, family, or any other reason, get legal advice first. Preparing ahead of time can make the difference between being allowed to cross and being sent back.
X-Copper Defends Against Domestic Assault Charges
Being charged with domestic assault can turn your life upside down, but you don’t have to face it alone. X-Copper has the legal experience and courtroom knowledge to defend your rights, explain your options, and help you make informed decisions at every stage of the process.
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