The effects of being criminally charged with a domestic violence offence in Canada

Just being charged with assault (s. 266, s. 267), mischief (s. 430), or uttering threats (s. 264.1) can ruin your career, prevent you from travelling to the US/internationally, and cause problems with Canadian immigration applications/status.

While most information online is dedicated to informing the "typical" type of person charged with a criminal offence (who already has a criminal record and/or nothing to lose), our clients do not fit this profile.

Our clients are largely comprised of educated professionals, students, and the successfully self-employed. They have worked very hard to achieve their place in life or are currently working to enrich their future and are primarily concerned about:

1. the prospect of getting a criminal record
2. going back home and reuniting with their family as soon as possible
3. what information regarding their charge is being released to their employers
4. their obligations to disclose charge information to professional regulatory bodies (medicine, dentistry, OREA, CRN, etc.)
5. their ability to cross the US border and travel internationally to other countries; and
6. their immigration status and future approval of immigration applications to Canada.

For more information please see:

Consequences of being charged: US Travel, employment background checks, information sharing, and other associated issues with just simply being charged with a criminal offence.

How to get domestic charges dropped: Sometimes domestic charges of assault, uttering threats, and mischief can be withdrawn, stayed, or otherwise dropped by the Crown Attorney (prosecutor). This means the defendant will not be found guilty however their information is still being retained and shared on various forms of employment/volunteer background checks and with US Customs, Citizenship and Immigration Canada and other law enforcement agencies.

First Offence Domestic Violence Charges: What those charged with a domestic criminal offence for the first time can expect. This includes the circumstances in which charges are laid, what happens once one partner/spouse is arrested, and how the justice system can be quite harsh on first time domestic offenders and their families in Canada.

Getting the Bail/Undertaking varied to allow contact: In 99% of domestic cases the accused will have to agree to have no contact with the complainant/victim who is often their spouse, wife/husband, etc. No contact conditions break families apart and cause tremendous problems for the accused and the victim. Sometimes these clauses can be varied allowing the accused to return home.

Minor Domestic Charges: Understanding why very minor allegations in a domestic context will almost always lead to criminal charges in Ontario. Sometimes criminal charges are used as a tool to gain an advantage in custody/access and divorce family law cases.

Deals, plea bargains, and other resolutions: Why most domestic cases resolve without a trial. Also discussed is how victims can be legally compelled to testify, how recorded statements can be used in court, and how the Crown Attorney will seek a harsher punishment such as jail and a criminal record if the accused is found guilty after a trial.

Simple Assault Charges: How a simple assault is defined in Canada under Sections 265 and 266 of the Criminal Code, its potential punishments, how to get the charges dropped, and potential punishments in both domestic and non domestic cases.

Assault with a weapon: Assault with a weapon charges under Section 265 in Canada. What common items are classified as weapons legally, how many cases involve very little or no injuries to the victim, and how the additional charges can cause problems travelling to the US.

Choking charges (Criminal Code Section 246: About the offence of choking/overcoming resistance under s. 246 of the Criminal Code which carries a maximum punishment of life in prison and an automatic criminal record upon a finding of guilt by the court.

PARS/Early Intervention Programs: Information about PARS and Early Intervention programs which are often part deals involving domestic violence cases. PARS type deals are not always a good thing as they can mean a jail sentence, probation, or a criminal record.

Both domestic partners charged: Domestic violence cases where both partners are charged for assaulting or threatening each other. The police may charge both parties if separate allegations are made, including things that happened in the past.

911 Call Information: How calling 911 during a domestic argument/dispute often results in criminal charges despite the intentions of the 911 caller. Ontario's strict domestic policies result in potentially life ruining charges for even the most minor complaints.

Sexual Assault Charges: About being charged with sexual assault in Canadaincluding what situations and acts will lead to being charged, evidence and credibility of witnesses, the reasons why false allegations are often made and how a criminal lawyer can defend such cases. Also how the accused can be later be easily sued in civil court for very large amounts of money if they are convicted.

College & University Cases: Criminal charges often stem from allegations made against students who are attending college or university. Statements made to school administration and other professionals can be used against the accused in court.

Failure to Comply Charges (s. 145): What happens if the accused violates their no-contact release conditions and goes back home. How the police catch those who breach the conditions of an Undertaking or Release Order and what happens to them if they get caught.

When the victim recants or changes her story: After the police lay charges and the alleged victim realizes her husband now must move out of the house, potentially lose his job, and the family may not be able to travel in the future because she called the police over an argument, she may then change her story. Sometimes this can result in the "victim" being criminally charged with obstruction of justice or public mischief.

Alcohol related domestic charges: How many cases are related to binge drinking. A binge drinking accused often is not an experienced drinker. How alcoholics are at risk for unfairly being charged and having their behaviour used against them for family court purposes.

The role of the Victims Services office: Complainants/victims often call us for help. We represent the accused not the victim and require the accused to call us. Victims may wish to contact the Victims Witness Assistance Program (VWAP) office at the courthouse their case is being heard at for more information and to express their wishes to the Crown Attorney (that they want the charges dropped, their husband to come home, etc.).

Absolute Discharges and Conditional Discharges: The definition of a sentence of an Absolute Discharge and a Conditional Discharge. While not considered a criminal conviction or criminal record in Canada, a discharge can still show up on employment background checks, at the US border when travelling, and may be required to be disclosed to professional societies/regulatory bodies that govern numerous professions in Canada.

Youth Assault Charges under the YCJA: Young offender assault charges under the Youth Criminal Justice Act. What constitutes an assault and how parents can help their children who get charged with the assistance of their lawyer. Bullying, school related incidents, family incidents, and other common situations that lead to charges are also discussed.

Common Assault Charges: About common assault charges in Canada under the Criminal Code (often Section 266). Common assault can be both domestic related or non domestic. Penalties can range anywhere up to 5 years in prison. Anyone charged with a common assault should hire a criminal defence lawyer as soon as possible.

Children's Aid Society (CAS) Involvement: In domestic criminal cases the police will almost always make a referral to CAS who will conduct an investigation. CAS social workers have the power to limit access, impose restrictions, and apprehend the children. Cases that are alleged to have occurred in front of a child are also considered more aggravating to the prosecution causing them to seek a harsher punishment for the accused.

How to press assault charges in Ontario: How to press assault charges against someone in Ontario via a private prosecution application if the police refuse to lay charges. What a private prosecution is and what constitutes an assault in Canada.

The influence of infidelity: How infidelity in relationships increases the chances of domestic violence charges. In Toronto many unhappy couples choose to continue to live together for financial reasons which increases the risk of domestic incidents occurring. Once the Police are called, charges are often laid.

How can a victim drop domestic charges: How can the victim drop the charges in a domestic case? Often the victim will want to drop the charges and remove the no-contact conditions after a domestic violence incident is reported to the police.

Recanting Statements: The alleged victim in domestic violence cases will often want to recant their statement made to the police because they did not anticipate that a no-contact/communication condition would be put in place or that their partner may receive a criminal record and go to jail.

Victim letters to the Crown: How the victim in a domestic violence case can write a letter to the Crown to try to get them to drop the charges against their partner and/or remove the no-contact conditions.

Contacting a spouse who is on no-contact conditions: Can the victim get in trouble for contacting their spouse who is bound by no-contact conditions in a domestic violence criminal case? Charges for aiding and abetting (fail to comply) by communicating with a partner who is facing domestic charges and on no-contact release conditions.

How to get no-contact conditions lifted: How domestic violence victims can help get no-contact conditions lifted. What steps a victim should take to remove no-contact orders as soon as possible.

Contacting the Crown to drop charges: How to contact the Crown Attorney to get domestic charges dropped and remove no-contact conditions. What the alleged victim can do to help the accused after charges are laid.

Domestic Sexual Assault Charges: About domestic sexual assault charges under Section 271 of the Criminal Code. What constitutes consent, why false allegations are sometimes made, and FAQs about domestic sexual assault charges in Ontario, Canada.

Assault Level 1: The meaning of Assault Level 1 under section 266 of the Criminal Code. Level 1 assault charges can result in jail time, a criminal record, and problems with IRCC. They can be both domestic and non-domestic in nature.

Charges laid last night: If criminal charges were laid last night for a domestic offence, what happens next and can it be stopped now from going any further?

Voyeurism charges (CC s. 162 (1)): About defending voyeurism charges resulting from accusations made by an ex-partner, spouse, child, stepchild, relative or someone else close to home. How false allegations in the domestic context can lead to voyeurism charges under Section 162 (1) of the Criminal Code.

Exceptions for contact: An exception allowing for contact between the accused and a consenting victim is sometimes granted in Ontario domestic violence cases when the charges are first laid by the police.

Steps to take if charged: What steps those charged with assault (s. 266) or any other domestic/intimate partner violence (IPV) offence in Ontario should take now to help their case.

Victim meetings with the Crown: How domestic violence victims can meet with the Crown Attorney to try to get the charges dropped and regain contact with their spouse or partner. How a victim can meet with the Crown to communicate their wishes in Ontario, Canada.

Affidavit Creation Services for Victims: In most cases, the victim or complainant does not want their spouse or partner to be criminally charged, have to stop talking to them, move out of the house, and possibly get a criminal record and go to jail. Victims can create an affidavit which can help the accused achieve a successful resolution to their case.

Victim Affidavit FAQ: Frequently Asked Questions about supporting victim affidavits of non-prosecution in Ontario domestic criminal cases. This includes exactly what the purpose of the affidavit is, its likelihood of success, cost, and creation logistics.

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Call us today for a free assessment
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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