Charged With Domestic Assault in Ontario: What Happens Next

Being charged with domestic assault is one of the most disorienting experiences a person can go through. One moment you are in your own home; the next, you are in handcuffs, removed from your residence, and told you cannot contact your partner or return to your address. You may not understand why you have been arrested, particularly if the alleged complainant did not want the police involved — or does not want you charged.

This article explains what happens after a domestic assault charge in Ontario, from the moment police arrive at your door through to the resolution of your case. If you are reading this because you or someone you love has just been charged, the most important thing you can do right now is contact a criminal defence lawyer before making any decisions.

Ontario’s Mandatory Charge Policy

Ontario operates under a mandatory charge policy for domestic violence allegations. This means that when police attend a domestic call and have reasonable grounds to believe an assault occurred, they must lay a charge. The officer does not have discretion to issue a warning, mediate the dispute, or walk away.

Critically, the complainant’s wishes are irrelevant at this stage. Even if your partner:

• Tells the police they do not want you charged
• Says the argument was mutual and no one was hurt
• Begs the officers to leave
• Recants the allegation on the spot

The police are required to lay a charge if they believe there are reasonable and probable grounds that an assault occurred. This policy was implemented to address the historical problem of domestic violence being treated as a “private matter” — but it also means that charges are laid in many cases where the situation is far more nuanced than the charge suggests.

For a deeper look at what happens when the complainant does not support the prosecution, see our article on offside complainants.

What Happens at the Scene

Arrest and Removal From the Home

When police respond to a domestic call, they will separate the parties, take statements, and assess the situation. If they form grounds to arrest, the following typically happens:

1. You are arrested — handcuffed, cautioned, and advised of your right to counsel.
2. You are removed from the home — regardless of whose name is on the lease or title. The police’s primary concern is separating the parties.
3. You are transported to the station — for booking, fingerprinting, and photographs.
4. Your statement is taken — or, more accurately, the police will attempt to take your statement. You should not provide one without first speaking to a lawyer. Anything you say can and will be used against you.

The Form 10 Undertaking

In many domestic assault cases, you will not be held for a bail hearing. Instead, the police will release you on a Form 10 undertaking — a document you sign at the station that imposes conditions on your release. The standard domestic conditions include:

• No contact directly or indirectly with the complainant
• No attendance at the shared address (or any address where the complainant resides, works, or frequents)
• No possession of weapons
• A requirement to keep the peace and be of good behaviour

These conditions take effect immediately. You walk out of the police station and you cannot go home. You cannot call your partner. You cannot text them. You cannot send a message through a friend. Violating these conditions is a separate criminal offence — breach of conditions — which will make your situation dramatically worse.

Bail and the Standard Domestic Package

If the police do not release you on an undertaking — perhaps because the allegations are more serious, because you have a prior record, or because the officer believes you are a risk — you will be held for a bail hearing before a justice of the peace within 24 hours of your arrest.

For detailed guidance on the bail process, see our practice area page. In domestic cases, the bail conditions are predictably strict. The standard domestic bail package includes:

• No contact with the complainant by any means whatsoever
• No attendance at the shared residence, the complainant’s workplace, or any place the complainant is known to frequent
• No possession of firearms or weapons
• Reporting conditions — you may be required to report to a bail supervisor
• A surety — in more serious cases, the court may require a surety (a responsible person who pledges money and agrees to supervise you in the community). See our article on surety responsibilities for what this entails.

The Crown will almost always oppose any relaxation of these conditions at the bail stage. Domestic bail is treated as a public safety issue, and courts err heavily on the side of caution.

The Reality of No-Contact Orders

The no-contact condition is the single most disruptive aspect of a domestic charge. It means:

• You cannot go home. Even if you own the house, even if you pay the mortgage, even if all your belongings are there — you cannot go to the address.
• You cannot communicate with your partner. No phone calls, no texts, no emails, no social media messages, no communication through friends or family members. “Indirect” contact counts.
• You need to arrange for your belongings through a third party. A friend, family member, or police escort must go to the address to collect your essentials — clothing, medications, work equipment.
• If you have children, you cannot see them if doing so would require contact with the complainant. Separate access arrangements may need to be made through family court or with the consent of the Crown.

These conditions can remain in place for months — sometimes a year or more — while your case works its way through the system. If you need to modify your conditions, it is possible to bring a bail variation application. See our guide on bail variations for how this works.

Do not violate your conditions. Even if the complainant contacts you first, even if they beg you to come home, even if they say they are fine with it — you are the one bound by the order, and you are the one who will be charged with a breach. We have seen cases where clients have been charged with breach of conditions based on a single text message reply.

The Partner Assault Response (PAR) Program

The Partner Assault Response (PAR) program is a 12-session group counselling program offered across Ontario for people charged with domestic-related offences. It is one of the most important tools available in resolving domestic assault charges without a criminal conviction.

How PAR Works

• PAR is a 12-week program (one session per week, approximately two hours per session)
• Sessions are facilitated group discussions covering topics like conflict resolution, accountability, and healthy relationships
• Participation is voluntary in the sense that you cannot be forced to attend, but it is strongly encouraged — and in many cases, completion of PAR is a prerequisite for the Crown agreeing to withdraw the charges
• You must be referred by the Crown or by your lawyer through Crown discussions

How PAR Helps Your Case

In many domestic assault cases — particularly first-time offences — the Crown will agree to the following resolution:

1. You are referred to PAR and complete the 12-session program
2. The Crown reviews confirmation of your successful completion
3. The Crown withdraws the charge — meaning no criminal record

This is not guaranteed. The Crown assesses each case individually and considers the seriousness of the allegations, your criminal history, the complainant’s position, and the strength of the evidence. But for a significant number of domestic assault cases, PAR completion leads to a withdrawal.

How the Crown Prosecutes Domestic Cases

Domestic assault charges are prosecuted aggressively in Ontario. The Crown’s office has internal policies that reflect the government’s position that domestic violence is a serious public safety issue. In practice, this means:

• The Crown will not withdraw charges simply because the complainant asks them to. The complainant does not “own” the charges — the Crown prosecutes on behalf of the state.
• The Crown may proceed to trial even without a cooperative complainant — relying on 911 recordings, police observations, medical records, photographs of injuries, or excited utterances captured on body-worn camera.
• The Crown will oppose lenient bail conditions and will resist bail variations that restore contact unless there are compelling reasons.
• There is institutional reluctance to offer diversion in domestic cases, though it does happen in appropriate circumstances.

This does not mean domestic cases are unwinnable. It means they require a strategic, well-prepared defence from the outset.

Common Domestic Assault Scenarios

Not all domestic assault charges are the same. The cases we see most frequently include:

He Said, She Said — No Injuries

The most common scenario: an argument escalates, one party calls the police (or a neighbour does), and the complainant alleges they were pushed, grabbed, or struck. There are no visible injuries, no independent witnesses, and no video. The entire case rests on the complainant’s credibility. These cases are highly defensible.

The 911 Call During an Argument

One party calls 911 during a heated argument — sometimes as a power move, sometimes out of genuine fear, sometimes impulsively. By the time police arrive, the situation has calmed, but the mandatory charge policy requires the officers to act on what they hear and see. The 911 recording becomes a key piece of evidence.

Mutual Combat

Both parties were physical with each other. Under the mandatory charge policy, the police are supposed to identify the primary aggressor and charge only that person — but in practice, they sometimes charge the wrong party, or charge only one person when both were equally involved. The defence focuses on self-defence, proportionality, and whether the Crown can prove who was the aggressor beyond a reasonable doubt.

Allegations During Separation or Custody Disputes

This is a category that defence lawyers encounter regularly: one partner makes allegations of domestic assault during or shortly after a separation, often in the context of a custody dispute. The timing, the motive, and the circumstances of the complaint are all relevant to the defence. This does not mean the allegations are necessarily false — but it does mean the complainant’s credibility must be scrutinized carefully.

Defence Strategies in Domestic Assault Cases

Every domestic case is different, but the defence strategies we employ most frequently include:

Credibility Challenges

In cases that come down to one person’s word against another’s, the defence focuses on the complainant’s credibility. We examine every statement the complainant has made — to 911, to police at the scene, in a written statement, at a preliminary hearing, and at trial — and identify inconsistencies. Even small discrepancies can raise a reasonable doubt.

Recanting Complainants

When the complainant recants — tells the Crown or the defence that the original allegations were false or exaggerated — this is a powerful piece of evidence, though not an automatic resolution. We work with the recantation strategically, incorporating it into Crown submissions and trial preparation.

Prior Inconsistent Statements

Comparing the complainant’s initial 911 call with their formal police statement, and then comparing both with their testimony, frequently reveals significant inconsistencies. These are devastating in cross-examination.

Digital Evidence

Text messages, emails, social media posts, and phone records can contradict the complainant’s account, establish a timeline, reveal motive, or demonstrate that the relationship dynamic was not what the complainant described to police. Collecting and preserving digital evidence early in the case is critical.

Self-Defence

If you were acting in defence of yourself, your children, or your property, this is a complete defence to the charge. The legal test requires that your response was reasonable and proportionate in the circumstances.

Possible Outcomes

Domestic assault charges can resolve in a number of ways, ranging from the best-case scenario to the most serious:

• Withdrawal after PAR completion — The charge is withdrawn entirely. No criminal record.
• Peace bond (section 810) — The charge is withdrawn in exchange for entering into a peace bond, which imposes conditions for up to 12 months. No criminal record.
• Diversion — In some jurisdictions and circumstances, domestic charges may be eligible for diversion programs. Successful completion leads to withdrawal.
• Discharge (absolute or conditional) — A finding of guilt but no conviction registered. Available only if the offence does not carry a minimum sentence.
• Suspended sentence — A conviction is registered but no jail time is imposed. A criminal record results.
• Jail — In serious cases, particularly those involving injury, weapons, or a prior record, a jail sentence is a real possibility.

The right outcome depends on the facts of your case, the strength of the evidence, and the quality of your defence.

Impact on Family Court and Custody

A domestic assault charge does not stay in criminal court. It bleeds into family court — and the consequences can be severe:

• Interim custody and access orders may be affected. A no-contact order in criminal court effectively determines who has possession of the family home and day-to-day care of the children, at least temporarily.
• The Children’s Aid Society (CAS) may become involved if there are children in the home.
• Family court judges are aware of the criminal charges and will factor them into custody and access decisions, even before a conviction.
• A conviction for domestic assault can significantly impact your position in family court proceedings for years.

It is critical that your criminal defence lawyer and your family lawyer (if you have one) coordinate their strategies. Decisions made in criminal court directly affect family court, and vice versa.

Immigration Consequences

If you are not a Canadian citizen, a domestic assault charge carries additional and potentially devastating consequences:

• A conviction for assault may render you inadmissible to Canada under the Immigration and Refugee Protection Act, leading to removal proceedings.
• Even a conditional discharge can create immigration complications depending on your status and the specific circumstances.
• A peace bond generally does not create inadmissibility, which is one reason it is often the preferred resolution for non-citizen clients.
• If you are a permanent resident, a conviction for an offence punishable by a maximum sentence of 10 years or more (which includes assault causing bodily harm) can result in a loss of status and deportation — with no right of appeal.

If you are not a Canadian citizen, it is essential that your lawyer understands the immigration implications of every possible outcome before advising you on a resolution.

Courts We Attend for Domestic Assault Cases

We defend domestic assault charges across central Ontario, including at the courthouses in Barrie, Orillia, and Newmarket. Wherever you have been charged, we can help.

What You Should Do Right Now

If you have been charged with domestic assault in Ontario, here is what you need to do immediately:

1. Do not contact the complainant. Not by phone, text, email, social media, or through a third party. Any contact is a breach of your conditions and a separate criminal charge.
2. Do not go to the shared address. Arrange for a friend or family member to collect your essentials.
3. Do not discuss the case with anyone except your lawyer. Do not post about it on social media. Do not vent to friends in writing.
4. Preserve all evidence. Do not delete text messages, emails, photos, or social media posts. Read our guide on collecting digital evidence.
5. Contact a criminal defence lawyer immediately.

Domestic assault charges are serious, but they are defensible. The mandatory charge policy means that many people are charged in situations that are far more complex than the charge sheet suggests. A domestic assault charge is not a conviction — and with the right defence, many of these cases resolve without a criminal record.

If you or someone you know has been charged with domestic assault, contact Mor Fisher LLP today. We will review your case, explain your options, and start building your defence immediately.