Will I get in trouble if I contact my spouse who is on conditions not to contact me?

A domestic victim who contacts their spouse/partner on a no-contact order could be criminally charged with aiding and abetting the accused's failure to comply with their release conditions.

In the vast majority of intimate partner violence (domestic/IPV) cases, the spouse/boyfriend/partner of the accused will be put on conditions of release that forbid them from communicating directly or indirectly with the victim and from seeing them in person. The accused needed to agree to these release conditions to avoid being held in jail until the completion of their case. These conditions will be listed on either a Form 10 Undertaking or a Form 11 Release Order depending on whether the police released them from the station or held them for bail.

If it is the accused that is on the no-contact conditions, does this mean the victim can contact the accused since technically the victim is not the one subject to the release conditions?

Practically speaking the answer to this question is no. The reason for this is that the victim could be charged with aiding and abetting the accused’s failure to comply with their release conditions. While the accused would commit the subsequent offence of failure to comply by responding to the victim’s calls, texts, emails, etc., the victim could be viewed as a participant in this breach and thus also be charged as a party to the offence under Section 21 (1) of the Criminal Code which reads:

Parties to offence

• 21 (1) Every one is a party to an offence who


• (a) actually commits it;


• (b) does or omits to do anything for the purpose of aiding any person to commit it; or


• (c) abets any person in committing it.

Common intention

• (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

As such the answer as to whether the victim can get in trouble for contacting their spouse/partner while they are subject to an Undertaking or Release Order conditions not to contact them is yes. The victim could be criminally charged with failure to comply (CC s. 145 (4)) along with the accused if such behaviour is discovered by the police.

When the police initially lay domestic charges against the accused (often to the surprise of the victim) they will tell the victim not to contact the accused and make them aware of the no-contact conditions of their Release Order or Undertaking.

Notes are kept of this interaction with the victim by the police and can be later used in court to support a conviction of aiding and abetting failure to comply charges in court if the victim claims they did not know any better.

Many victims are unaware that they themselves can be criminally charged for communicating with their spouse/partners. They often have many important messages and things to discuss with the accused such as the family finances and access to the children of the marriage, and reason that they should be able to send them a message since they do not have any paperwork themselves that says they are not allowed to. Ignorance of the law unfortunately is no excuse.

If you are the victim and want to communicate with your spouse/partner again there are steps you can take to legally assist them in the process of getting the no-contact conditions dropped or varied to allow for communications with your consent. While the victim is not the ultimate decision maker, their opinions and wishes are an important part of the process.

For this reason many domestic violence victims will create a supporting victim affidavit. Frequently asked questions about victim affidavits can be found here.

What if the accused is on a no contact probation order?

Whether the domestic charges are new and still before the court (pending) or whether the case is completed and a no contact clause is included in the accused’s probation order, the same logic applies. A victim can be charged for reaching out and communicating with the accused who is subject to no-contact order. In cases of a probation order the charge would be aiding and abetting failure to comply with a probation order.


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. Our goal is to have the charges withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial. We provide effective and affordable lawyer representation for those charged throughout all of Ontario, Canada.

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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