Alcohol related charges of domestic assault, utter threats, and mischief

Those under the influence of alcohol are not only more prone to arguing and physical confrontations, they are also more likely to call 911. Both the “victim” and the “accused” sometimes call the police after they have been drinking. Similar to cases involving sober individuals, most expect the police to mitigate the situation or provide a remedy that will resolve things that night and not a long term ban on contact/communication and a potential criminal record that will last forever.

Binge Drinking Cases: Acute, extreme intoxication that causes the accused to act out of character towards their partner.

Alcohol impacts everyone’s behaviour. Some people can become violent or aggressive when extremely intoxicated while others will not. Many binge drinking domestic charges result from individuals who have had relatively little experience with extreme alcohol intoxication prior to the incident itself. The partner/spouse (complainant) is instantly exposed to a personality they never saw before and in fear will often call 911 for police assistance.

We have many cases that involve individuals whose drinking habits would be considered fairly normal or even relatively light. When drunk they may lash out verbally or physically at their spouse or partner in ways they never would have had they been sober. When the police are called because of this uncharacteristic behaviour, they will attend at the residence and interview the parties about what happened. Given that any push, shove, grab, threatening remark, or property damage is enough to press domestic charges, lots of these calls inadvertently lead to the drunken partner being dragged away to the police station and charged.

One of the most difficult aspects of binge drinking related cases is that the accused often has very little recollection of what happened. Sometimes they completely black out and can’t remember anything at all the next day. Like any domestic case, the complainant who called 911 usually has no idea that their spouse/partner will have to move out of the house for months and face a criminal record. While the binge drinking spouse is often already passed out/asleep by the time the Police arrive (effectively diffusing the situation), it is too late to avoid being charged.

Interestingly individuals with a long term history of alcohol abuse only account for approximately 50% of binge drinking cases. Half involve individuals with relatively little experience with alcohol or who have drank normally/socially throughout their lives.

For domestic cases involving long term chronic drinkers, sometimes one spouse is motivated to call police by resentment over the other’s drinking, or to gain an advantage in a family law court case.

In 2022, society (perhaps unfairly) labels alcoholics as bad romantic spouses/partners because their drinking limits opportunities, can cause embarrassment, a lack of intimacy, uses financial resources, etc. This negative perception occurs even absent any physical or verbal abuse. Over time, the non-alcoholic spouse’s resentment and hatred towards their drinking spouse can grow to the point where they may feel entitled to call the police and report abuse even though none has actually occurred.

The spouse who is angry over their partner’s long term drinking is sometimes more than eager to call the police to “teach them a lesson”. Similar to other domestic cases, the criminal complaint is often relatively minor such as a common assault resulting in no injury (push, grab, hit) or matrimonial property being damaged (mischief).

Many of these relationships have been troubled for years and the two partners are just living together for economic reasons (or for the children of the marriage). These toxic environments of living together but apart, are even worse in situations of alcohol abuse. When the police are called the intoxicated spouse may be left in a position of extreme vulnerability for a false, exaggerated, or misleading criminal allegation being made against them. If they are suffering from alcoholism they are also less capable of defending themselves in court.

Even in cases involving long term alcohol abuse, the “victim” may eventually have a change of heart and want their spouse to come back home after realizing the tremendous consequences to their family calling the police has caused.

Family Court Motivations

Sometimes the “victim’s” motives for calling 911 are even more cold and calculated. This can occur in cases where the “victim” may have already consulted with a family law lawyer who has advised them that calling the police on their alcoholic partner will give them an advantage in family law court. This is particularly true when family court proceedings involve child custody and access issues.

Alcohol related domestic incidents involving two drunk partners (boyfriend/girlfriend, husband/wife, same sex couples, etc.)

Another common scenario is when a couple get drunk together, get into an argument, and police are called. When the police arrive on scene and find both parties intoxicated, they are less confident in identifying a common aggressor. This can result in both parties being charged for domestic violence offences against each other. From the perspective of the police, it is the job of the courts to determine if one, both, or none of the parties committed a crime. Of course, for those being charged, having to go to court means a lengthy communication ban, two extremely risky and expensive court cases, and a myriad of other inconveniences to their family.

Again, alcohol not only dramatically increases the likelihood of arguments and fighting, it also increases the chances that one or both parties will call the police.


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You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. Have a skilled criminal lawyer protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a domestic assault/uttering threats/mischief related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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