Domestic Assault Lawyers Toronto

The definition of assault is found in section 265 of the Criminal Code and applies to all types of assault allegations including domestic assault charges. Generally, an assault occurs when a person intentionally applies either direct or indirect force to another person without the other person's consent. An assault can also occur when a person attempts or threatens to intentionally apply direct or indirect force to another. Hitting, kicking, punching or even pushing a person without consent may be considered an assault. An assault doesn't require someone to cause injury to another.

A domestic assault is an assault accusation that takes place between "intimate partners" who are either current or former spouses, common-law partners or dating partners.

Where an assault takes place between two people who share one of these relationships mentioned above, the matter is labelled as a "domestic assault" case and will be prosecuted quite differently from other assault allegations by the crown attorney's office.

According to the Crown Prosecution Manual, the set of directives from Ontario’s Attorney General detailing how Crown prosecutors are to perform their duties in court (it replaced the older "Crown Policy Manual"), intimate partner violence "is not a private matter but is a serious criminal act", and "it will usually be in the public interest to proceed" with these prosecutions.

Although the Criminal Code doesn't contain a distinct "domestic assault" charge, in many jurisdictions, domestic assault cases are separately identified and prosecuted by a specialized team of prosecutors. Crown Attorneys are required to consider the safety of domestic violence complainants and their families as a paramount factor at all stages of the prosecution. Recent Criminal Code changes instruct judges and prosecutors to act more harshly towards people accused of intimate partner violence at every stage of a criminal proceeding including the bail stage and the sentencing stage.

In the bail context, a judge is now required to consider whether someone is charged with an offence where actual, attempted, or threatened violence was used against an intimate partner.

At the sentencing stage, the Judge must now consider violence against an intimate partner, or the family member of the victim or offender, as an aggravating factor in sentencing. This means that Judges are instructed to impose harsher sentences for someone who committed an assault against a domestic partner.

Internal police policies dictate that in almost all situations, the police are expected to charge a person alleged to have assaulted another in a domestic context, regardless of whether or not independent proof of the crime exists such as visible injuries or witnesses to the crime. A person's word, even in the absence of ANY other evidence, is enough to bring their domestic partner into the criminal justice system on an assault charge.

At the court stage, the Crown Attorney will usually proceed with prosecuting a domestic assault case where there is a "reasonable prospect of conviction". It is often of little importance to the prosecutor that the person making the assault complaint no longer wishes the case to proceed to trial.

In domestic assault cases, a complainant does not have the choice to press charges with the police. If a complaint of domestic violence is made, the police will arrest and charge the person accused of the crime and the Crown Attorney will likely prosecute the case regardless of the complainant's wishes to halt the prosecution. However, in some unique circumstances, a complainant can influence a prosecutor's decision to withdraw a criminal charge.

Some of the many factors the Crown Attorney will consider in deciding whether to prosecute a domestic assault case include:

1. the age and health of the accused person
2. any prior findings of guilt as well as the nature and number of any such previous convictions
3. whether the person accused of assault has any outstanding charges
4. whether the accused person had been previously victimized
5. any remorse and willingness to engage in a domestic violence counselling programs
6. if the accused person comes from a disadvantaged group
7. the seriousness of the crime alleged
8. whether the crime involves violence
9. whether the offence harmed the complainant including physical, psychological or financial harm
10. whether a weapon was used or threatened to be used
11. whether there was an intention to cause or attempt to cause substantial property damage or loss
12. the age of the complainant
13. the views of the complainant

Once a complaint of domestic assault has been made to the police, it is only the Crown Attorney that decides whether or not criminal charges will proceed to trial. Neither the Judge, the police, nor the complainant has control over that decision-making process. Sometimes complainants may require a lawyer to advise them on how to make their opinions on prosecution known to the Crown Attorney. A seasoned criminal defence lawyer can provide important independent legal advice to complainants about their rights and legal obligations in a domestic violence case.

Since July 2026, section 263.1 of the Criminal Code lets the Crown charge an offence in which violence is used, threatened or attempted against an intimate partner as a separate offence. It raises the maximum sentence on indictment by one step: a five-year offence such as assault becomes 10 years, a 10-year offence becomes 14 years, and a 14-year offence becomes life imprisonment. The rules that apply to the underlying offence otherwise continue to apply, and a discharge remains available. The new offence applies only to allegations after it came into force; an incident from before July 2026 is still subject to the maximums that applied at the time.

Parliament has enacted a new offence of coercion or control of an intimate partner (s. 264.01), carrying up to 10 years on indictment. It covers a pattern of coercive or controlling conduct — such as monitoring a partner’s movements or controlling their finances — intended to make the partner believe their safety is threatened. It is not yet in force: it takes effect on June 18, 2028, or earlier if the federal government sets an earlier date. Learn more about coercive control charges.

Typically, someone charged with a domestic assault offence is held in custody for a bail hearing to determine whether they can be released from jail (with or without supervision) and to set conditions they must follow until their case is resolved. The police can hold a person for a bail hearing even if they have no prior criminal history. Bail conditions in domestic assault cases are almost always strict and will generally prohibit contact with the complainant — even when the complainant wants that contact to continue.

The accused may also be required to stay away from the family home, regardless of who owns it, if the complainant is still living there. Those conditions stay in place for the life of the charge unless a judge or the Crown agrees to modify them.

It is sometimes possible to change bail conditions to permit contact between the complainant and the accused, or to allow the accused to return home before the criminal case is resolved. The process can be lengthy, complex and costly unless the Crown agrees to the change. Several strategies can be used to improve the chances of having bail conditions varied. For details, read: How Can I Change My Bail Conditions? or call Daniel Brown Law to arrange a consultation.

The main defences are that no assault occurred, self-defence, a consensual fight, and that the contact was accidental or reflexive. Each is explained in the defences section above.

Domestic assault allegations are sometimes resolved by the accused entering into a peace bond agreement in exchange for having the criminal charge withdrawn. This type of resolution is often far more favourable than taking a case to trial where the outcome is never guaranteed. Agreeing to a peace bond does not require the accused to admit that an assault was committed. However, much like bail conditions, the person who enters into a peace bond must follow various court-imposed rules until the bond expires.

Common peace bond conditions include restricting the accused from possessing a weapon for the duration of the bond and limiting contact with the complainant except with the complainant's prior consent. Prosecutors generally favour peace bonds before withdrawing domestic assault charges because they ensure complainants remain protected by a court order even after the criminal charge is gone.

Most peace bonds last for 12 months, the maximum for a peace bond under section 810 of the Criminal Code, though the duration may be shorter depending on the case. A domestic violence peace bond under section 810.03 can last up to two years where the person has a prior conviction for violence against an intimate partner.

The key benefit: the accused protects their clean criminal record. Learn more about peace bonds in criminal cases.

Allegations of domestic assault commonly arise in the context of divorce proceedings or marriage separations. Special considerations need to be taken into account when defending a domestic assault allegation when family law proceedings are ongoing at the same time. Unfortunately, some family law litigants make false allegations of assault as a way to gain the upper hand in custody and divorce cases. Usually, a person claiming assault will be permitted by the police or the prosecutor's office to have exclusive access to the family home and custody of the children until the assault matter is resolved in criminal court. Many family law litigants are aware of this and improperly use the police to assist them with advancing their family law claims.

The lawyers at Daniel Brown Law will work closely with your family lawyer to ensure that your interests are protected in both criminal court and family court. Learn more about the family law consequences of a criminal domestic violence conviction.

A domestic assault conviction carries real consequences. A criminal record affects employment, immigration status, the ability to travel, and family law proceedings. At the most serious end, a conviction can mean jail.

The maximum sentence for assault is two years less a day where the Crown proceeds by summary conviction, or five years where the Crown proceeds by indictment. Since July 2026, the Crown can instead charge an assault on an intimate partner under section 263.1 of the Criminal Code, which raises the maximum on indictment to 10 years. Generally, the more serious the harm to the complainant, the harsher the penalty. For less serious allegations, a judge may impose probation with counselling or a fine — no jail, and in some cases no criminal record at all. That last outcome is called a "discharge", and it's something we regularly pursue for our clients when the facts allow for it.

Every case is different. Before you walk into a courtroom, talk to a lawyer about what your options actually are. Daniel Brown and the lawyers at Daniel Brown Law have helped hundreds of people facing domestic assault charges protect their records and return to their families. Call us at (416) 297-7200 to arrange a consultation. We're available 24 hours a day.