By Farid Zamani
Getting arrested for domestic assault is a shock. For most people, itโs their first time dealing with the police. You probably have a lot of questions. What happens next? Can my partner just drop the charges? Will I go to jail?
In Ontario, the justice system treats domestic assault very seriously. The rules are strict. But a charge is not a conviction. You have options. Here is a clear look at what happens when you face a first-time domestic assault charge and how to handle it.
The Arrest and the Mandatory Charge Policy
People often think a domestic assault charge only happens if someone gets badly hurt. That isn’t true. An assault can be a push, a grab, or even a threat.
In Ontario, police follow a charge policy in domestic incidents. If someone calls 911 for a domestic dispute, police will attend and assess what happened. If they have reasonable grounds to believe an assault occurred, they are generally expected to lay a charge.
It does not matter if your partner begs them not to. It does not matter if you both tell the officers it was just a loud argument. Once police decide to lay a charge, the case is no longer in either partnerโs control. The Crown Attorney takes over.
Bail Conditions and No-Contact Rules
You may be released on an undertaking or on bail, often with conditions. In some cases, you may be held for a bail hearing. Release conditions can be strict.
In many domestic assault cases, the court will impose a “no-contact” condition. You cannot talk to your partner. You cannot send them a text or ask a friend to pass along a message.
Usually, you are also banned from going to your shared home. You have to find somewhere else to live while the case is in court.
Do not break these rules. If you text your partner, even just to ask about the dog, you can be arrested again for breaching your bail. That is a new criminal charge, and it makes your original case much harder to resolve.
How Domestic Assault Charges May Be Resolved Without a Trial (If the Crown Agrees)
This is one of the most common questions we hear. First, understand that your partner cannot โdrop the charges.โ Only the Crown Attorney can withdraw a criminal charge.
In some first-time cases, your lawyer may be able to negotiate a resolution without a trial, such as diversion (where available) or, in some situations, a peace bond. These outcomes depend on the facts, the evidence, your background, and the Crownโs assessment of safety and the public interest.
Step 1: Early Negotiation with the Crown
Before a trial happens, your defence lawyer will meet with the Crown Attorney. We point out weaknesses in the police evidence. We also share your background, showing that this is your first offence and that you are a responsible citizen. Not every first-time case qualifies for diversion or a peace bond, and the best approach depends on the evidence and your goals.
Step 2: The Partner Assault Response (PAR) Program (If Offered)
If the Crown agrees you are a good candidate, they may agree to an early resolution that includes the Partner Assault Response (PAR) program. This is an early intervention step. The PAR program is often a 12-week education and counselling course. You have to attend the sessions and actively participate. It shows the court you are taking the situation seriously.
Step 3: A Peace Bond (Section 810) May Be Discussed (In Some Cases)
In some cases, the Crown may agree to resolve the matter with a peace bond under section 810 of the Criminal Code. A peace bond is not a guilty plea. It is a court order where a person agrees to keep the peace and be of good behaviour for a set period (often up to 12 months) and follow conditions that may include no contact or staying away.
A peace bond is not available in every case. Whether it is an option depends on the circumstances and whether there is a legal basis for a peace bond and the Crown agrees it is appropriate.
Step 4: Possible Outcome โ The Charge May Be Withdrawn (Not Guaranteed)
If the Crown agrees to a resolution such as diversion and/or a peace bond, the Crown may withdraw the assault charge. This is not automatic and it depends on the facts of your case and the Crownโs assessment of safety and the public interest.
If the charge is withdrawn, you do not plead guilty and there is no conviction. However, some non-conviction outcomes (including peace bonds) can still have practical consequences, such as showing up on certain types of background checks.
How to Defend Domestic Assault Charges
Sometimes, getting the charges dropped early isn’t an option. Or the allegations against you are completely false, and you want to fight them in court.
Going to trial means the Crown has to prove you are guilty beyond a reasonable doubt. Here is how we defend against that.
Self-Defence
You have the right to protect yourself. If your partner attacked you, and you used reasonable force to stop them, that is a valid legal defence. We look at the physical evidence and the history of the relationship to build this argument. The law does not expect you to just stand there and take physical abuse.
False Allegations and Credibility
Many domestic assault allegations happen in private. In some cases, the outcome depends heavily on credibility and the surrounding evidence.
We look closely at the complainant’s story. Did their story change between the 911 call and the police interview? Do they have a reason to make an accusation that is not reliable? False or exaggerated allegations can happen. Where the evidence does not support the allegation, we focus on credibility issues and inconsistencies. We cross-examine the witness to expose inconsistencies and show the judge their story is unreliable.
Lack of Evidence
The Crown carries the burden of proof. If there are no injuries, no photos, and the only evidence is a vague statement from a highly emotional night, we argue that the Crown hasn’t proven the case. If the judge is left with a reasonable doubt about what actually happened, they must acquit you.
Charter Breaches
Did the police read you your rights? Did they let you speak to a lawyer in private when you asked? If the police broke the rules during your arrest, we can apply to have the evidence thrown out. This often ruins the Crown’s case.
Protect Your Future
A first-time domestic assault charge can turn your life upside down. A conviction results in a criminal record, which can cost you your job, stop you from travelling to the US, and impact your family life.
Be careful about giving statements to the police without legal advice. Anything you say can be used as evidence. Speak with a defence lawyer as soon as possible.
You need a lawyer who knows how to navigate the Ontario court system. We know how to request PAR where it is available, discuss peace bond options where appropriate, and challenge the evidence in court.
This article is general information, not legal advice.
About the Author
Farid Zamani is the founder of Zamani Law, a GTA-based criminal defence firm committed to protecting clients’ rights with professionalism and compassion. After earning his law degree at Buckingham Law School in the U.K., Farid worked at Daley Byers Criminal Law for 12 years before launching his own firm. Farid is skilled in all areas of criminal law and has built a strong reputation for his adeptness in navigating complex cases and achieving successful outcomes. Dedicated to the community, Farid is the co-founder of the non-profit Children Without Borders and has contributed to many other charitable organizations.
