Criminal Defence · Domestic Assault (Intimate-Partner Violence)
Domestic Assault Lawyer in Toronto
Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026
A domestic assault charge in Toronto often follows the worst night of a person's life — an argument that escalated, a 911 call made in anger or fear, police at the door within minutes. By the time the sun comes up, one partner has been arrested, removed from the home, and released on conditions forbidding any contact with the other. Careers, parenting arrangements, and immigration status can all be thrown into doubt in the space of a few hours, frequently before anyone has spoken to a lawyer.
At Kazandji Law, our criminal defence team represents people charged with domestic assault and related assault offences across Toronto and the Greater Toronto Area. This page explains what "domestic assault" actually means in Canadian law, why these cases are prosecuted so aggressively, what happens with bail and no-contact conditions, why the complainant cannot end the case on their own, and the defences that most often lead to a charge being withdrawn, resolved through a peace bond, or dismissed at trial. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.
An important starting point: a charge is only an allegation. Domestic files are frequently built on a single account given in the heat of the moment, sometimes with no independent witnesses and no injuries. They are far more defensible than most people fear — but only if the case is handled carefully from the very first appearance, because the early decisions about bail, contact, and what you say (or do not say) shape everything that follows.
Charged with domestic assault?
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Call 647-588-3234 Request a consultationWhat "domestic assault" actually means in Canadian law
One of the most common misunderstandings is that "domestic assault" is its own crime with its own section number. It is not. As the Department of Justice Canada states plainly, "there is no specific offence of family violence in the Criminal Code" — instead, "most acts of family violence are crimes in Canada" charged under the general offence provisions.[1] "Domestic assault" is simply the everyday label police, Crowns, and courts use for an assault committed against an intimate partner or family member.
The underlying charge is therefore an assault offence from the Criminal Code, and the specific section depends on what is alleged to have happened:
- Assault — s. 266. The everyday domestic assault charge. Applying force to another person without their consent, or attempting or threatening to do so. It is a hybrid offence: the Crown can proceed by indictment (maximum five years) or by summary conviction. According to the federal government's own research, common (level 1) assault is by far the most frequent charge in police-reported intimate-partner violence cases.[2][3]
- Assault with a weapon or causing bodily harm — s. 267. Where a weapon (or imitation) is carried, used, or threatened; where the complainant suffers bodily harm; or where the accused chokes, suffocates, or strangles the complainant. Hybrid, with a maximum of 10 years by indictment.[4]
- Aggravated assault — s. 268. The most serious form — wounding, maiming, disfiguring, or endangering the complainant's life. A straight indictable offence carrying a maximum of 14 years.[5]
Related conduct in a relationship breakdown is often charged alongside or instead of assault — for example uttering threats (s. 264.1), criminal harassment (s. 264), or mischief. Whatever the label, an experienced lawyer's first job is to pin down exactly which section you are charged under, because that determines the Crown's election, the available penalties, and the realistic range of outcomes.
Who counts as an "intimate partner" or family member
The Criminal Code defines an "intimate partner" to include a person's "current or former spouse, common-law partner and dating partner."[6] That reaches well beyond marriage: dating relationships make up the single largest share of police-reported intimate-partner violence, and the term captures former partners as much as current ones.[3] The sentencing provision also extends to abuse of "a member of the victim or the offender's family," so charges involving a parent, child, sibling, or other relative are treated the same way.[7] If you are unsure whether your situation qualifies as "domestic," assume the Crown will treat it that way and get advice early.
What the Crown must prove
Because the charge is assault, the Crown must prove the ordinary elements of assault beyond a reasonable doubt. Under s. 265(1) of the Criminal Code, a person commits an assault when, without consent, they intentionally apply force to another person, directly or indirectly; when they attempt or threaten by act or gesture to apply force and cause the other person to believe on reasonable grounds they can carry it out; or when they accost or impede another person while openly wearing or carrying a weapon.[8] The prosecution must establish the intentional application (or threat) of force and the absence of consent — and the "domestic" context does not lower that standard. The label changes how the case is handled and, on a conviction, how it is sentenced; it does not change what has to be proven.
Why "domestic" changes everything about how the case is handled
If the legal elements are the same as any assault, why does a domestic charge feel so much heavier? Because the justice system treats intimate-partner and family violence as a distinct priority, and that shapes the process at every stage.
The sentencing aggravating factor: s. 718.2(a)(ii)
Parliament has singled out intimate-partner and family violence for tougher treatment on sentencing. Section 718.2(a)(ii) of the Criminal Code provides that "evidence that the offender, in committing the offence, abused the offender's intimate partner or a member of the victim or the offender's family" "shall be deemed to be aggravating circumstances" that increase the sentence.[7] In practice, this means an assault that might attract a discharge or a modest penalty between strangers can draw a firmer response when it happens in the home. The same body of law also limits the availability of conditional (community-based) sentences for more serious offences.[1] This is precisely why avoiding a conviction altogether — through a withdrawal, a peace bond, or an acquittal — is so often the central goal of the defence.
Ontario's mandatory-charging policy
Since 1994, Ontario has operated under a mandatory (or "pro-") charging policy for domestic violence. Where police attend a domestic call and form reasonable grounds to believe an assault occurred, they are directed to lay a charge — regardless of whether the complainant wants one laid.[9] Officers separate the parties, interview each one, look for injuries and a history of prior incidents, and make the charging decision themselves. The policy exists to protect victims and remove the pressure of that decision from their shoulders, but its practical effect is that an arrest and charge are close to automatic once police believe something physical happened — even in ambiguous situations, even where both people were involved, and even where the complainant immediately regrets calling.
The complainant cannot simply "drop" the charge
This is the single most misunderstood feature of domestic cases, and the current Kazandji Law page rightly warns clients about it. Once a charge is laid, it belongs to the Crown, not the complainant. In Canada the complainant is a witness for the prosecution, not the person who "presses" or "drops" charges. Only the Crown can withdraw a domestic charge, and Crown policy directs that this be done only in limited or exceptional circumstances.[9] A complainant who no longer wishes to proceed can tell the Crown so — that information matters — but the decision is not theirs to make, and attempts to pressure or coach a complainant into recanting can create new, more serious charges such as obstruction of justice. If the complainant wants to support the accused, the right and safe channel is independent legal advice, which our firm regularly provides so that a witness understands their rights before speaking with anyone.
Told the charges "can't be dropped"?
There are proper, lawful ways to resolve a domestic case — but they run through the Crown and the court, not a phone call. Let us map out your options.
Call 647-588-3234 Book a free consultationArrest, bail, and no-contact conditions
Nothing about a domestic charge hits harder or faster than the release conditions. Understanding them early prevents the accidental breaches that so often make a difficult situation worse.
Release and the bail hearing
After a domestic arrest, police may release an accused on an undertaking with conditions, or hold them for a bail hearing before a justice — a decision that turns on the seriousness of the allegation, any prior record, and perceived risk to the complainant. When setting release conditions, criminal courts have broad power under s. 515 of the Criminal Code to impose "no contact" and other protective terms until trial.[1][10] Arriving at a bail hearing with a realistic, safety-focused plan — a suitable surety, a separate place to live, a clear proposal on contact and property — is often decisive. A carefully negotiated release can be the difference between going home to a workable arrangement and spending weeks in custody.
One important nuance: for most first-time domestic charges the onus is on the Crown to justify detention. But where an accused is charged with an offence involving violence against an intimate partner and has a prior conviction or discharge for violence against any intimate partner, s. 515(6)(b.1) reverses that onus — the accused must "show cause" why their detention is not justified.[10] If you have any prior history, tell your lawyer immediately, because it changes how the bail hearing must be run.
No-contact and "not to attend" conditions
In nearly every domestic case, release comes with two conditions that reshape daily life:
- No contact, direct or indirect, with the complainant (and sometimes children or other witnesses). That means no calls, texts, emails, social-media messages — and no messages passed through a friend or relative. Indirect contact through a third party breaches the order just as surely as a direct call.
- Not to attend the complainant's residence, workplace, or school. Where the parties live together, this almost always means the accused cannot go home, even to collect belongings, without a police-arranged escort or a court order.
These conditions are strict, and breaching them is itself a criminal offence — a failure to comply can lead to a fresh charge and a push by the Crown to revoke bail and seek detention. Critically, only the court can change a no-contact condition. Even if the complainant wants contact restored and initiates it themselves, that does not make contact lawful; the condition binds the accused until a judge varies it or the Crown consents to a variation. If reconciliation or co-parenting requires contact, the proper route is a formal bail variation — something our team handles regularly. Never rely on the complainant's invitation as permission.
Peace bonds: a common way domestic cases resolve
For many first-time or lower-level domestic allegations, one of the best outcomes is a resolution that ends the criminal charge without a conviction and without a criminal record. The most common vehicle is a peace bond under s. 810 of the Criminal Code.
A s. 810 peace bond is a court order available where a person "fears on reasonable grounds" that another will "cause personal injury to them or to their intimate partner or child." If the accused agrees to enter into it, the court can order them to keep the peace and be of good behaviour, with conditions, for a period of up to 12 months.[11] Crucially, a peace bond is not a finding of guilt and is not a criminal conviction — it is a forward-looking promise about future conduct. In exchange, the Crown typically withdraws the underlying assault charge. For someone whose priority is protecting their record, their job, their immigration status, or their ability to travel, a well-negotiated peace bond can be an excellent result. Whether one is appropriate — and on what terms — depends entirely on the strength of the Crown's case and the specific facts. Our peace bond lawyers and s. 810 recognizance team negotiate these resolutions regularly.
Other non-conviction outcomes may also be available depending on the case, including diversion or an early resolution after counselling. The right off-ramp is a strategic decision, and identifying it early is one of the most valuable things a defence lawyer does.
The consequences of a domestic assault charge beyond the sentence
Clients often focus on the possibility of jail, but for many domestic charges the more lasting harms lie elsewhere — and they can begin the moment a charge is laid, long before any finding of guilt. A domestic assault charge or conviction can affect:
- Your criminal record. A conviction for assault creates a criminal record that surfaces on background and vulnerable-sector checks, affecting current employment, future hiring, bonding, security clearances, and regulated professions.
- Immigration status. This is critical for non-citizens. A conviction can render a permanent resident or foreign national inadmissible to Canada. Where a charge could be prosecuted by indictment with a maximum of ten years or more (for example assault causing bodily harm or aggravated assault), a conviction may be treated as serious criminality under the Immigration and Refugee Protection Act, with limited appeal rights. If you are not a Canadian citizen, tell your lawyer at the outset — it can change the entire strategy, because avoiding a conviction may matter more than the sentence itself.
- Family court, custody, and parenting. Domestic charges frequently arise in the middle of a separation, and they ripple directly into child custody and parenting-time disputes. A no-contact order can restrict access to children, and allegations of family violence are a factor the family court must consider. Coordinating the criminal defence with any parallel family law proceeding is essential.
- Firearms. Bail and sentencing conditions in domestic cases very commonly require the surrender of firearms and firearms licences, and a conviction can trigger a mandatory weapons prohibition.
- Housing and living arrangements. A "not to attend" condition can displace an accused from their own home for the duration of the case, with immediate financial and practical consequences.
- Reputation and relationships. The stigma of a domestic charge is real, and it lands hard on families, children, and communities — even when the legal exposure turns out to be modest.
These downstream effects are exactly why it is worth fighting a charge that can look "minor" on paper. The gap between a withdrawal or a peace bond and a registered conviction can shape a person's life for years.
The domestic assault court process in Toronto, step by step
Domestic files in Toronto and the GTA typically move through a specialized Domestic Violence Court stream within the Ontario Court of Justice, designed to handle these cases consistently. Understanding the sequence helps you see where a defence is built.
1. Arrest and release
The case begins with an arrest, usually followed by either a police release on conditions or a bail hearing. At arrest or detention your right to counsel under s. 10(b) of the Charter is engaged — you must be advised of your right to a lawyer and given a real chance to speak with one. Exercise it, and say as little as possible before you do.
2. First appearance and disclosure
Your lawyer obtains disclosure — the Crown's evidence. The Crown's constitutional duty to disclose all relevant material comes from the Supreme Court's decision in R. v. Stinchcombe (1991).[12] In a domestic case, disclosure typically includes the 911 recording, the officers' notes, the complainant's statement (often video or audio), any photographs of injuries or the scene, medical records, and any prior police contact between the parties. A careful review of this material is where most winning defences begin — inconsistencies between the 911 call, the statement, and the physical evidence are common and often decisive.
3. Crown pre-trial and resolution discussions
Most domestic cases involve a Crown pre-trial where your lawyer tests the strength of the evidence and explores resolutions — a withdrawal on a peace bond, diversion, or an early plea to a lesser outcome where appropriate. This is frequently where a well-prepared domestic file is resolved without a conviction, long before trial.
4. Charter applications and trial
If the case does not resolve and there are viable issues, it proceeds to trial. Domestic trials often turn on credibility — frequently one account against another. The governing framework comes from R. v. W.(D.) (1991): if the trier of fact believes the accused they must acquit; if they do not believe the accused but are left in reasonable doubt, they must still acquit; and even if the accused's evidence leaves no doubt, the Crown must still prove guilt beyond a reasonable doubt on the evidence accepted.[13] A great deal of domestic-assault defence work is about creating and preserving that reasonable doubt. From first appearance to conclusion, a contested domestic case commonly takes several months.
How Kazandji Law defends domestic assault charges
Domestic cases are won on detail, and the right strategy depends entirely on the disclosure in your specific file. The issues our lawyers most often raise include:
- Self-defence (Criminal Code s. 34). Where force was used defensively, s. 34 provides a complete defence if the accused reasonably believed force or a threat of force was being used against them or another person, acted for the purpose of defending themselves or that person, and acted reasonably in the circumstances.[14] Domestic incidents are frequently mutual or defensive, and the person arrested is not always the aggressor. The Supreme Court has long recognized that self-defence must be assessed against the realities of an abusive relationship (R. v. Lavallee, 1990).[15]
- Credibility and inconsistency. Domestic allegations often rest on a single account. We scrutinize the 911 call, the statement, and the physical evidence for the inconsistencies, exaggerations, and gaps that raise a reasonable doubt under W.(D.).
- False or exaggerated allegations in a relationship breakdown. A painful reality of these cases is that allegations sometimes surface in the middle of a separation, a custody fight, or an immigration dispute, where there can be a motive to fabricate or overstate. We investigate context, timing, and motive, and where appropriate we defend against false accusations directly.
- Identity and the elements of the offence. The Crown must prove the intentional application or threat of force and the absence of consent. Where those elements are not made out — for example an accidental contact, or force the complainant consented to in a scuffle — the charge is vulnerable.
- Charter breaches. Where the police failed to provide the right to counsel (s. 10(b)), conducted an unlawful search (s. 8), or arbitrarily detained the accused (s. 9), evidence can be excluded under s. 24(2) using the test from R. v. Grant (2009).[16]
- Withdrawal, peace bond, or diversion. Where the evidence is weak or the interests of justice allow, we press for a resolution that ends the case without a conviction — a s. 810 peace bond, diversion, or an outright withdrawal.
These are issues that may be available — not guarantees. No responsible lawyer promises a result before reviewing the disclosure. What we promise is a rigorous, honest assessment and a defence built around the specific facts and evidence in your case.
Common myths about domestic assault charges
"The complainant can just drop the charges." No. Once a charge is laid it belongs to the Crown, and only the Crown can withdraw it — generally only in limited circumstances. Pressuring a complainant to recant can create new charges.
"It's my word against theirs, so it can't go anywhere." Domestic cases regularly proceed on a single account. That said, a single account is also fertile ground for reasonable doubt, which is why credibility analysis under W.(D.) is central to the defence.
"If we get back together, the case disappears." It does not. Reconciliation does not end the prosecution, and — importantly — it does not lift a no-contact order. Only a court can do that. Contact before then, even if the complainant initiates it, is a breach.
"There were no injuries, so there's no assault." Assault does not require injury. An intentional, non-consensual application of force — or even a threatening gesture that causes a reasonable fear of force — can meet the definition. The absence of injury affects the seriousness, not whether the offence exists.
"Domestic assault is a special, more serious charge." The charge is ordinary assault; "domestic" describes the context and becomes an aggravating factor at sentencing. It is handled more aggressively, but the elements the Crown must prove are the same.
"I can explain what really happened and they'll let me go." Explaining rarely helps and often supplies evidence the Crown was missing. You have the right to silence — use it, and speak to a lawyer first.
What to do if you have been charged with domestic assault
- Say as little as possible. Be polite and provide identification if required, but exercise your right to remain silent. Do not try to talk your way out of it at the scene or the station.
- Exercise your right to counsel. Ask to speak with a lawyer as soon as you are detained or arrested.
- Obey your conditions to the letter. Absolutely no contact — direct or indirect — with the complainant, and stay away from the residence, until a court changes the order. This is the mistake that most often turns one charge into several.
- Do not contact the complainant, even if they reach out to you. Their invitation is not permission. If contact needs to happen, ask your lawyer about a bail variation.
- Write down everything you remember while it is fresh — the sequence of events, what was said, who was present, any injuries on either side, and the timeline.
- Preserve helpful evidence. Keep relevant texts, emails, photos, and messages, and do not delete anything — but do not use them to contact the complainant.
- If you are not a Canadian citizen, tell your lawyer immediately — it can change the entire strategy.
Why choose Kazandji Law for your domestic assault defence
Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Domestic files sit at the intersection of criminal and family law, and having a firm that understands both is a real advantage: a bail condition negotiated in criminal court can shape a parenting arrangement in family court, and vice versa. We prepare these cases meticulously — the close reading of the 911 call and the complainant's statement, a working command of self-defence and Charter litigation, and the judgment to know when to push a case to trial and when to steer it toward a peace bond or withdrawal.
We also provide independent legal advice to people on the other side of these cases who want to understand their rights before speaking with anyone. We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area — including the criminal court at 10 Armoury Street in downtown Toronto — and we defend domestic charges wherever they arise: downtown Toronto, North York, Scarborough, Etobicoke, Thornhill, Vaughan, Markham, Richmond Hill, Oakville, and beyond. You can meet our team, review our case results, and explore our full range of assault defence services — from simple assault and assault with a weapon to aggravated assault.
Frequently asked questions
Is domestic assault a separate criminal charge in Canada?
No. There is no distinct "domestic assault" offence in the Criminal Code. The charge is ordinary assault — most often under s. 266 — committed against an intimate partner or family member. The "domestic" context is treated as an aggravating factor at sentencing under s. 718.2(a)(ii), and the case is handled through a specialized domestic violence court process.
Can the complainant drop the charges?
No. In Canada, charges belong to the Crown, not the complainant. The complainant is a witness, not the person who presses or drops charges. Only the Crown can withdraw a domestic assault charge, and Crown policy allows this only in limited circumstances. A complainant can tell the Crown they do not wish to proceed, but the decision is the Crown's.
What is the penalty for domestic assault?
It depends on the charge and how the Crown proceeds. Assault under s. 266 is hybrid: up to five years by indictment, or on summary conviction up to a $5,000 fine and/or up to two years less a day. Assault causing bodily harm or with a weapon (s. 267) carries up to 10 years by indictment; aggravated assault (s. 268) up to 14 years. These are maximums for the most serious cases — first offences are frequently resolved without a conviction, for example through a peace bond.
Will I have to leave my home?
Usually, yes, at least temporarily. If you and the complainant live together, release conditions almost always include a "not to attend" the residence term, meaning you cannot return home — often not even to collect belongings without a police escort — until a court varies the order.
The no-contact order is still in place but we want to reconcile. What can I do?
You must not contact the complainant until a court changes the condition, even if they contact you first — their invitation does not make contact lawful, and a breach is a new criminal offence. The proper route is a formal bail variation, where the Crown consents or a judge orders a change to the conditions. A lawyer can bring that application.
What is a peace bond and will it give me a record?
A peace bond under s. 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. In many domestic cases the Crown withdraws the assault charge in exchange for a peace bond, which can be an excellent outcome for protecting your record, job, immigration status, and travel.
Can I be convicted if there were no injuries or no witnesses?
Potentially, yes. Assault does not require injury or independent witnesses — an intentional, non-consensual application of force, or a threatening gesture causing a reasonable fear of force, can meet the definition, and a single account can support a conviction. But the absence of injuries and witnesses also makes the Crown's case more vulnerable to reasonable doubt, which is where the defence focuses.
What if the allegation is false or exaggerated?
False and exaggerated allegations do happen, particularly during separations and custody or immigration disputes where there may be a motive. The defence investigates context, timing, and motive, tests the complainant's account for inconsistency, and where appropriate mounts a false-accusations defence. The Crown still bears the burden of proving the charge beyond a reasonable doubt.
Is self-defence available in a domestic case?
Yes. Section 34 of the Criminal Code provides a complete defence where a person reasonably believed force or a threat of force was being used against them or another person, acted to defend themselves or that person, and acted reasonably in the circumstances. Domestic incidents are frequently mutual or defensive, and the person arrested is not always the aggressor.
How does a domestic assault charge affect my immigration status?
It can have serious consequences. A conviction can make a permanent resident or foreign national inadmissible to Canada, and more serious assault charges can be treated as serious criminality under immigration law, with limited appeal rights. If you are not a citizen, raise this with your lawyer at the very start — avoiding a conviction may be more important than the sentence.
How does a domestic charge affect child custody and family court?
Directly. Domestic charges often arise during a separation and flow into custody and parenting-time disputes. A no-contact order can restrict access to children, and family violence is a factor the family court must weigh. Coordinating the criminal defence with any family law proceeding is essential, and a firm that handles both has an advantage.
Do I really need a lawyer for a domestic assault charge?
Yes — arguably more than for most charges. The best outcomes (a withdrawal, a peace bond, an acquittal) usually have to be secured before a conviction is entered; bail and no-contact conditions require careful handling to avoid new charges; and the case can affect your record, immigration status, firearms, and children. Kazandji Law offers a free initial consultation and will give you a clear picture of the process and the likely cost before you decide anything.
Related pages
- All assault offences
- Simple assault
- Assault with a weapon
- Aggravated assault
- Self-defence claims
- False accusations defence
- Criminal harassment
- Uttering threats
- Bail hearings
- Peace bonds
- 810 recognizance
- Failure to comply
- Domestic misconduct while on bail
- Family law
- Child custody
- Record suspensions (pardons)
- Criminal defence overview
- Toronto criminal defence
- Meet our team
- Our case results
Sources & legal references
- Department of Justice Canada, "Family Violence Laws" (modified 2024-05-17) — no specific offence of family violence; assault charged under Criminal Code ss. 265-268; s. 515 release/"no contact" conditions; s. 810 peace bonds; s. 718.2 aggravating factor; s. 742.1 limits on conditional sentences: justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html.
- Criminal Code of Canada (R.S.C. 1985, c. C-46), s. 266 (assault; hybrid — up to five years by indictment or summary conviction): laws-lois.justice.gc.ca/eng/acts/c-46/section-266.html.
- Department of Justice Canada, JustFacts: "Intimate Partner Violence" (May 2017) — common (level 1) assault is the most frequent IPV charge; dating relationships are the largest share of police-reported IPV: justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/may01.html.
- Criminal Code, s. 267 (assault with a weapon or causing bodily harm; choking/suffocating/strangling; hybrid — up to 10 years by indictment): laws-lois.justice.gc.ca/eng/acts/c-46/section-267.html.
- Criminal Code, s. 268 (aggravated assault — wounds, maims, disfigures or endangers life; indictable — up to 14 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-268.html.
- Criminal Code, s. 2 (Interpretation) — "intimate partner … includes their current or former spouse, common-law partner and dating partner": laws-lois.justice.gc.ca/eng/acts/C-46/page-1.html.
- Criminal Code, s. 718.2(a)(ii) (abuse of an intimate partner or family member "shall be deemed to be aggravating circumstances" on sentencing): laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html.
- Criminal Code, s. 265 (definition of assault; applies to all forms of assault): laws-lois.justice.gc.ca/eng/acts/c-46/section-265.html.
- Ontario Women's Justice Network (OWJN), "What does Mandatory Charging mean?" — Ontario's 1994 mandatory/pro-charging policy; police (not the victim) decide to lay charges; only the Crown can withdraw, generally only in exceptional circumstances: owjn.org/what-does-mandatory-charging-mean/. See also Department of Justice Canada, "Best Practices where there is Family Violence (Criminal Law Perspective) — Arrest and Bail": justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/bpfv-pevf/p4.html.
- Criminal Code, s. 515 (judicial interim release / bail; s. 515(6)(b.1) reverse onus where violence against an intimate partner and a prior conviction or s. 730 discharge for intimate-partner violence): laws-lois.justice.gc.ca/eng/acts/c-46/section-515.html.
- Criminal Code, s. 810 (peace bond / recognizance where personal injury is feared to a person or their intimate partner or child; up to 12 months; not a conviction): laws-lois.justice.gc.ca/eng/acts/c-46/section-810.html.
- R. v. Stinchcombe, 1991 CanLII 45 (SCC), [1991] 3 S.C.R. 326 (Crown's duty of disclosure): canlii.org/en/ca/scc/doc/1991/1991canlii45.
- R. v. W.(D.), 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742 (credibility / reasonable-doubt framework where accounts conflict): canlii.org/en/ca/scc/doc/1991/1991canlii93.
- Criminal Code, s. 34 (defence of person — use or threat of force): laws-lois.justice.gc.ca/eng/acts/c-46/section-34.html.
- R. v. Lavallee, 1990 CanLII 95 (SCC), [1990] 1 S.C.R. 852 (self-defence assessed in the context of an abusive relationship): canlii.org/en/ca/scc/doc/1990/1990canlii95.
- R. v. Grant, 2009 SCC 32 (three-part test for exclusion of evidence under Charter s. 24(2)): canlii.org/en/ca/scc/doc/2009/2009scc32.
Disclaimer: This page provides general legal information about Canadian and Ontario domestic assault law and is not legal advice. Laws, penalties, and prosecutorial policies change, and how they apply depends on the specific facts of your case. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.