If you’re charged with domestic assault in Ontario, the court will likely impose a no-contact condition. This can affect where you live, who you speak to, and how you handle family responsibilities. This guide explains what the no-contact rule means and what you can do while the charge is pending.
Can You Contact Your Partner If You Are Charged With Domestic Assault?
If you are charged with domestic assault, the court will likely impose a no-contact order as a bail or release condition. This means you are not allowed to communicate directly or indirectly with the person named in the order, even if they agree or want contact. No-contact means no phone calls, texts, emails, social media messages, or communication through a friend or family member unless the court specifically allows it.
You cannot return to a shared residence if the no-contact order includes non-attendance conditions. This restriction applies even if your partner tells you it’s okay to come home. Their consent does not override the court order, and violating the terms—even with their permission—can result in new charges such as breach of undertaking or breach of release order.
Courts treat breaches of release conditions seriously. In many cases, violating a no-contact order is treated more harshly than the original assault allegation. If you breach a condition, you could be arrested again, held in custody, and face additional charges that make your legal situation worse.
What Can You Do Instead?
If a no-contact condition is in place, you must follow it. There are limited options available to communicate legally, and all must be authorized in writing by the court. One exception sometimes allowed by the court is communication through a third party, specifically for arranging childcare or custody exchanges. This must be stated clearly in your bail conditions or undertaking.
In most cases, you will need to make arrangements to live elsewhere while your charge is active. Securing housing with a friend, family member, or in a shelter is usually necessary. If you do not have a plan of release that includes a safe and separate place to live, it could impact your bail conditions.
If you need to collect belongings from a shared residence, the court or police may allow a one-time visit, usually supervised by police. You must coordinate this through the local police service, and there is no contact allowed with the complainant during the visit. Only basic items like clothes or essentials can be retrieved. For larger items, you may need a family court order.
To change the conditions, you must apply to the court. This can only be done through the consent of the Crown Attorney’s office or through the Court, and even if your partner wants the contact restored, their request alone is not enough. The Crown must agree or a formal bail variation must be granted by a judge.
Can Your Partner Contact You While You Are Charged With Domestic Assault?
Your partner can contact you if a no-contact order is in place but you cannot respond. The responsibility lies with you to avoid contact. Even if your partner initiates contact, responding would breach your conditions. Courts do not accept the excuse that “they contacted me first.”
Your partner can tell the Crown that they want the order changed. They may retain their own lawyer or speak with the Victim Witness Assistance Program (VWAP), which can pass their request along to the Crown. However, the Crown is not required to agree. Even if both parties want to resume contact, the court must authorize the change.
Consent from your partner is not a defence. Contacting them without a court-approved variation will expose you to serious legal consequences, including possible jail time and new charges. If you’re unsure what your conditions mean, ask your lawyer. Never assume that contact is allowed.
These restrictions remain until the conditions are formally changed or the case is resolved. That could take many months or even years. The longer the case lasts, the more important it is to follow the rules to avoid making the situation worse.
Can You Return Home?
You cannot return home if your bail conditions or release order include a non-attendance condition for the residence. This condition is almost always imposed in domestic assault cases when the complainant lives at the same address. It applies even if your name is on the lease or property title and even if your partner says it’s fine for you to return.
The only way to return home legally is to apply to the court to vary your release conditions. This requires you or your lawyer to contact the Crown, and the Crown will usually need input from the complainant. If the Crown consents, the variation may be made with the judge’s approval. If the Crown does not consent, you or your lawyer must bring an application to court, which may involve a contested hearing.
Returning home without a court-approved variation—even briefly or peacefully—breaches your conditions. The police can arrest you on new charges, and this breach can seriously affect your chances of future bail or your overall defence. The court generally views a return to the shared home as one of the most serious violations of a no-contact or non-attendance order.
If you share children with the complainant and your order includes contact for parenting arrangements, you still cannot return home unless the order specifically allows it. A third party may need to handle exchanges or communication related to the children.
Arranging a Time to Get Your Belongings
If you are prohibited from returning to your residence, you may be allowed a one-time visit to retrieve essential belongings. This must be arranged through the local police and should be written into your release order or bail paperwork. The police will coordinate with your partner or their representative to set a time for your visit.
The visit will be supervised by an officer to ensure there is no contact between you and the complainant. If there is tension or risk, the complainant may be asked to leave during your visit. You will only be allowed to take personal belongings. Items like clothing, toiletries, medications, and basic documents are generally permitted.
If you need to collect larger assets—furniture, electronics, or shared property—you will likely need a family court order. Criminal court does not settle property disputes. If the complainant does not agree to release those items, you will need to go through the civil or family court process.
Do not attempt to return to the home without police supervision or proper authorization. Doing so can lead to a breach charge, even if you had no contact with your partner. Always follow the conditions and let your lawyer handle any negotiations or legal filings needed to change them.
Dealing with Childcare
If you’re charged with domestic assault and have children with the complainant, your ability to be involved in childcare depends entirely on the conditions set by the court. Most no-contact orders prohibit direct or indirect communication, but may allow limited exceptions for parenting or pursuant to a Family Court order. These exceptions must be clearly outlined in your release conditions—otherwise, no contact means no involvement, even for childcare.
When an exception is included, it usually allows communication through a third party for the purpose of arranging childcare or exchanging the children. The third party cannot act as a messenger for other topics. They are only permitted to help with logistics, like pickup times or locations. If messages outside of that are passed between you and your partner, it may still be considered a breach.
In some cases, contact is allowed only if both parties agree and a third party is present. The details of this arrangement must be clearly described in the order. If you’re unsure, don’t rely on informal agreements—ask your lawyer or request a written clarification from the court.
If no exceptions are included, then childcare discussions must go through a lawyer or be arranged by family members. Do not attempt to make arrangements on your own, even for short-term emergencies. All communication must follow the court’s rules to avoid new charges.
Dealing with Custody of Children
If you have children with the complainant, custody arrangements become more complex once a domestic assault charge is laid. The criminal court generally avoids making decisions about custody and access. These matters are handled in family court. However, the conditions imposed in your release order can directly affect whether you are allowed to see or speak to your children.
If the no-contact order prohibits you from being near the complainant and they have primary care of the children, you may not be able to see your children unless the order allows it or defers to the Family Court. Some release orders permit contact for the purpose of parenting time, either through a third party or by way of a pre-existing family court order. If this is not built into your conditions, you must return to court to request a variation.
To regain contact with your children, you will need to work with a family lawyer (in addition to your criminal lawyer). A family lawyer can help you apply for parenting time, negotiate temporary arrangements, or enforce existing court orders. The criminal court will usually defer to any valid family court order, as long as it is issued after your criminal release conditions and explicitly allows contact.
Even if you are allowed contact with your children, you cannot use them as a reason to speak with the complainant. Indirect contact through the children or during exchanges must follow strict protocols. Breaching these can lead to serious consequences, including new charges or court-imposed restrictions on future access. Always coordinate custody matters through your lawyer or the family court.
X-Copper Can Help
Facing a domestic assault charge while navigating strict no-contact rules is difficult, but you don’t have to do it alone.
X-Copper’s legal team can help explain your conditions, apply for changes where possible, and represent you in criminal proceedings. If you’ve been charged and need legal advice or defence, contact X-Copper today.
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