A domestic assault charge affects more than the court case. It can decide where you live, whether you can speak to your partner, and how you see your children, starting the day you are released. This page explains how these charges work in Ontario. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a domestic assault charge and deal with the release conditions that come with it.
What “domestic assault” means
The Criminal Code has no separate offence called domestic assault. The term describes an assault, or a related charge such as uttering threats or mischief, where the complainant is the accused person’s intimate partner. The Code defines an intimate partner as a current or former spouse, common-law partner or dating partner (s 2). The charge itself is laid under the ordinary sections. See assault charges for the levels of assault and the maximum penalties.
What changes is how the case is handled. Police, prosecutors and courts treat violence between partners with particular seriousness, and Parliament has written that approach into the bail and sentencing rules.
Rules that apply because the complainant is a partner
- Bail. The court must consider whether the charge involves violence used, threatened or attempted against an intimate partner (Criminal Code, s 515(3)(a)).
- Reverse onus. The accused must justify release if they have an earlier conviction or discharge for violence against an intimate partner, or were bound by a peace bond taken out on a partner’s behalf at the time (s 515(6)(b.1)).
- Evidence. A husband or wife can be required to testify for the prosecution (Canada Evidence Act, s 4(2)).
- Sentencing. Abuse of an intimate partner or family member is an aggravating factor (s 718.2(a)(ii)), and the court must consider the increased vulnerability of female victims of partner abuse (s 718.201).
Sources: Criminal Code, RSC 1985, c C-46, ss 2, 515, 718.2 and 718.201; Canada Evidence Act, RSC 1985, c C-5, s 4, as they read on 11 October 2026.
The complainant cannot drop the charge
Many people expect the case to end if their partner tells the police or the court that they do not want to go ahead. It does not work that way. Once a charge is laid, the decision to continue belongs to the Crown prosecutor. The prosecutor will consider the complainant’s wishes, but also the other evidence, such as the 911 recording, photographs, medical records and what officers saw and heard. A case can continue even when the complainant no longer supports it.
A partner who wants to change the conditions, or to explain their position, can speak with the Crown’s office or the Victim/Witness Assistance Program. A complainant should not be pressed by the accused, or by anyone acting for the accused, to change a statement. That can lead to further charges.
Living under a no-contact condition
Most people charged with a partner-related offence are released on conditions not to contact the complainant and not to go to the home, even where the home is owned or rented in the accused’s name. These conditions usually apply from the moment of release until the case ends or a court changes them.
- No contact means none. That includes texts, social media, messages passed through relatives and replies to messages your partner sends you. Consent from your partner is not a defence to a breach.
- Belongings. Clothing, tools and documents are usually collected once, with a police officer present or through a third party named in the order.
- Children. Release orders often allow contact about the children through a named third party or under a family court order. If yours does not, ask your lawyer about a variation before making any arrangement.
- Changing the conditions. A release order can be varied with the written consent of the accused, the prosecutor and any sureties (s 519.1), or by a court. Until the change is in writing, the original conditions apply.
Breaking a condition is a separate criminal offence and can make the original case harder to resolve. See breach of conditions.
How these cases can resolve
Each case turns on its own evidence, and no lawyer can promise a result. The range of outcomes includes a withdrawal of the charge where the evidence does not support it, and a peace bond under section 810 of the Criminal Code, which is a promise to keep the peace and follow conditions for up to 12 months and is not a finding of guilt. Ontario also funds the Partner Assault Response (PAR) program, a 12-session group education and counselling program delivered by community agencies for people facing a charge involving domestic violence. The court orders attendance, there is a fee that depends on income, and the agency also contacts the partner to offer safety planning and support. Where a case goes to trial, the Crown must prove the charge beyond a reasonable doubt, and defences such as self-defence apply as they do in any assault case.
Effects outside the criminal court
- Family court. Judges deciding parenting arrangements must consider family violence. A criminal charge and its conditions will shape parenting time while the case is pending. See decision-making responsibility and parenting time.
- Immigration. For a permanent resident or a foreign national, a conviction can affect status in Canada. The exact outcome in criminal court matters, so immigration advice should come before any plea. See immigration.
- Work and travel. A finding of guilt can appear on police record checks and can affect entry to other countries. See criminal records.
How Law Wise helps
- Explaining your release conditions on the first day, and what you can and cannot do under them.
- Seeking a variation so that housing, work and parenting arrangements are workable and lawful.
- Reviewing the Crown’s evidence, including 911 recordings, statements and photographs.
- Advising on resolution options and their effect on your record, family case and immigration status.
- Defending the charge at trial where that is the right course.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about domestic assault charges
My partner wants to take back the statement. Will the charge be withdrawn?
Not automatically. The Crown prosecutor decides whether to continue and can rely on other evidence. Your partner can tell the Crown’s office what they want. You should not discuss the statement with your partner while a no-contact condition is in force.
Can I go home if my partner invites me?
No, not while the release order says otherwise. Only the court, or a written variation agreed to by the prosecutor, can change the order. An invitation from your partner does not protect you from a breach charge.
How do I see my children?
Look at the exact wording of your release order. Many orders permit arrangements through a named third party or under a family court order. If the order has no such exception, a variation is needed first.
What is a peace bond?
A peace bond is a court order under section 810 of the Criminal Code in which a person agrees to keep the peace and follow conditions, often including no contact, for up to 12 months. It is not a conviction or a finding of guilt, but breaking it is a criminal offence.
Will this affect my immigration status?
It can. The effect depends on your status and on the exact outcome of the criminal case. Get immigration advice before deciding how to respond to the charge.
Does Law Wise also act for people who have been harmed?
A complainant is a witness in the criminal case and is not a party to it. A person who has experienced family violence may need help with a restraining order, parenting or support, which are family law matters. See family law.
Charged with an offence involving your partner?
Call before you make any arrangement about the home, your belongings or the children. The first conversation covers your conditions and your next court date.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.