Domestic cases where both partners are criminally charged for assaulting or threatening each other

Police in Ontario will generally lay charges in domestic violence cases where they have, at a minimum, a statement saying that an assault, threat, or property damage (mischief) has occurred. In cases where both parties say that they were assaulted, the police may choose to charge them both instead of just one. It is the job of the courts to assess the merits of each separate claim against each other, not the police at the doorstep.

When charges are laid against both spouses/partners, they will both be placed on conditions not to communicate with each other. One will normally also have to move out of the family home if they have been living together. In a lot of these cases, the parties will later want to reconcile and get back together as soon as possible. They may share parenting or financial responsibilities that require them to communicate with each other.

The call to 911 may have been made in the heat of the moment, while under the influence of alcohol/drugs, or by a third party. When the police show up at the door, both parties may talk themselves into charges. This is a result of Ontario's zero tolerance policies for reports of domestic or intimate partner violence.

Claims of assault or sexual assault that happened in the past may be provided by the "primary aggressor" who is also being charged

If both partners are claiming that a fight occurred the police may deem one party to be the primary aggressor and the other's actions to be in self defence. Usually only one person will be charged if a primary aggressor is identified. If the primary aggressor states that they themselves were assaulted or sexually assaulted in the past, the police may also charge for the past incident.

Both parties may admit to assaulting each other on previous occasions because they are under the false impression that the police will try to mediate the dispute between them. They often just want the other person to leave for the night to let things cool off, but instead charges are laid.

In the heat of the moment, both parties may feel that telling the police things that happened between them in the past will be helpful in resolving the situation. The couple may feel that since they have been through fights before and worked everything out that telling the police this will help their current situation. They often do not intend or want criminal charges to be laid or for strict no-contact conditions to be put in place.

If two separate allegations are made, two individual sets of charges will be laid. They don’t just cancel each other out.

Can two partners/spouses who are each individually charged have the same lawyer representing them?

Lawyers in Ontario are bound by rules not to represent parties in conflict with each other and to avoid appearances of conflicts. When both parties are charged with assaulting each other, they are not co-accused defendants. They are parties with conflicting interests and therefore should each receive independent legal advice.

A lot of dually charged couples want to get back together and have the charges dropped against them both as soon as possible (especially if one is displaced from their home). If both parties want to regain contact and have independent counsel, their lawyers may coordinate with each other in dealing with the Crown Attorney if both their client's interests align. This is usually only the case if both parties want to resolve the case without a trial.

If you have been charged in Ontario and do not already have a lawyer, give us a call now for assistance.


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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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