This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Domestic assault is an assault charge under section 266 of the Criminal Code where the complainant is a spouse, partner, or ex-partner. There is no separate "domestic assault" offence, but Ontario treats these cases differently at every stage: police lay charges as a matter of policy, the accused is usually placed on strict no-contact conditions immediately, and the complainant cannot withdraw the charge. Most people charged in Toronto are surprised by how quickly the case takes on a life of its own, and by how much the conditions, not the possible sentence, disrupt daily life.
What is domestic assault under Canadian law?
Section 265 of the Criminal Code defines assault as the intentional application of force to another person without their consent, and it extends to attempts and threats by act or gesture to apply force. Any assault committed against an intimate partner is prosecuted as a domestic matter. The intimate partner context is not an element of the offence; it is an aggravating factor at sentencing under section 718.2(a)(ii), and it changes bail: for a person previously found guilty of intimate partner violence, including by way of a discharge, the Criminal Code reverses the onus at the bail hearing. From July 15, 2026, the onus also reverses for assaults and sexual assaults involving choking, suffocation or strangulation, allegations that arise disproportionately in intimate partner cases, and Parliament has enacted a new coercive control offence that will come into force within two years.
The Crown must still prove the assault itself beyond a reasonable doubt: an intentional, non-consensual application of force by the accused. Many domestic cases turn entirely on the credibility and reliability of the people involved, often with no independent witnesses.
How domestic assault cases proceed in Ontario
Ontario police services operate under charging policies for intimate partner violence: where officers have grounds, they lay the charge regardless of what the complainant wants. After the charge, the accused is typically released on conditions that prohibit contact with the complainant and bar attendance at the family home, even where the complainant wants contact. Changing those conditions requires a formal process, usually with the complainant's input taken through the Crown.
A complainant cannot "drop the charges." The decision to continue belongs to the Crown alone. In Toronto, domestic matters proceed in specialized court streams, and depending on the seriousness of the allegation and the accused's record, resolutions can include counselling-based programs such as the Partner Assault Response program, a peace bond under section 810 of the Criminal Code with the charge withdrawn, or a trial.
Penalties for domestic assault in Ontario
Assault under section 266 is a hybrid offence: the maximum penalty is 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. Sentences range widely, from an absolute or conditional discharge through probation to jail, depending on the allegations, injuries, the accused's record, and the circumstances. The intimate partner context is an aggravating factor. A conviction also brings collateral consequences that matter as much as the sentence: a criminal record, potential immigration consequences for non-citizens, family law implications, and firearms prohibitions in many cases.
Possible defences to a domestic assault charge
Depending on the evidence, defences may include:
- Self-defence under section 34 of the Criminal Code, where the force used was a reasonable response to force or threatened force.
- No intentional application of force: accidental contact, reflexive movement, or physical contact that was incidental rather than an assault.
- Consent, in the limited circumstances where the law recognizes it.
- Credibility and reliability: inconsistencies between statements, text messages and other records that contradict the allegation, and the surrounding context, which in some cases includes a separation or parenting dispute. Courts assess these issues carefully on the evidence.
- Charter issues and delay, including unreasonable delay under section 11(b) and the Jordan framework.
Frequently asked questions
Can my partner drop the domestic assault charges?
No. In Ontario, once police lay a charge, only the Crown can withdraw it, and Crown policy treats intimate partner cases seriously. A complainant's wishes are one factor the Crown considers, but they do not control the outcome.
Can I go home or contact my partner while the case is ongoing?
Usually not at first. Standard conditions prohibit contact and attendance at the shared home. Conditions can sometimes be varied to allow contact or a return home, through a formal variation process that generally involves the complainant's input through the Crown.
Will I get a criminal record for a first domestic assault charge?
Not necessarily. Outcomes in Ontario range from withdrawal of the charge, sometimes with a peace bond or after counselling, to a discharge, to a conviction. The result depends on the strength of the evidence, the allegations, and the accused's circumstances.
What is a peace bond?
A peace bond under section 810 of the Criminal Code is a court order to keep the peace and follow conditions for up to 12 months. It is not a conviction and does not create a criminal record, and in appropriate domestic cases the Crown withdraws the charge when one is entered.
Will a domestic assault charge affect my immigration status?
It can. A conviction for assault can have serious consequences for permanent residents and other non-citizens under immigration law. Anyone without citizenship should raise their status early, because it affects how the case should be resolved.
Will I go to jail for domestic assault?
Jail is available but is not the outcome in most first-time cases involving minor or no injuries. Sentences depend on the specific facts, and many first allegations resolve without a conviction at all. Outcomes depend on the evidence in each case.
Charged with domestic assault? Contact us
This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Sewrattan Criminal Lawyers defends domestic assault and intimate partner charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Assault, Utter Threats, and Bail Hearings.