Domestic assault charges are taken very seriously in Canada. If police are called to a domestic dispute involving spouses, partners, former partners, or family members, charges are often laid quickly, sometimes even when the complainant does not want charges pursued.
Being charged with domestic assault can be overwhelming. Many people suddenly find themselves removed from their home, restricted from contacting loved ones, and facing serious uncertainty about their future. Understanding what happens next is extremely important.
What Is Domestic Assault?
Domestic assault is not a separate criminal offence under the Criminal Code of Canada. Instead, it generally refers to assault allegations involving individuals in an intimate or family relationship.
These relationships may include:
- Current or former spouses
- Dating partners
- Common-law partners
- Co-parents
- Family members living together
Domestic assault allegations can involve claims of:
- Pushing or grabbing
- Punching or slapping
- Threats of violence
- Throwing objects
- Physical intimidation
- Assault with a weapon
In some cases, there may be little or no physical injury alleged.
What Happens After an Arrest?
In many domestic assault investigations, police will lay charges if they believe there are reasonable grounds to do so. Once charges are filed, the decision to continue the prosecution belongs to the Crown, not the complainant.
After an arrest, individuals are commonly released on bail conditions or an undertaking that may include:
- No contact with the complainant
- Restrictions from attending the family home
- Restrictions involving children or family members
- Prohibitions on possessing weapons
These conditions can remain in place for months while the case moves through the court system.
Why You Should Take the Charges Seriously
Some people mistakenly believe domestic assault charges will automatically disappear if the complainant wants the matter dropped. In reality, many cases continue despite a complainant’s wishes.
A conviction may result in:
- A criminal record
- Probation
- Fines
- Counselling requirements
- Immigration consequences
- Difficulty obtaining employment
- Restrictions involving travel or firearms
More serious allegations may carry the possibility of jail time.
Common Defence Issues in Domestic Assault Cases
Every case is unique. Domestic assault allegations often arise during emotionally charged situations where there may be conflicting accounts of what occurred.
Some common defence issues may include:
- Self-defence
- Lack of intent
- False allegations
- Credibility and reliability concerns
- Inconsistencies in witness statements
- Insufficient evidence
In many cases, there may be no independent witnesses other than the individuals involved.
Do Not Discuss the Allegations With Police
If you are arrested or under investigation, it is important to exercise your right to remain silent and speak with a criminal defence lawyer as soon as possible. Statements made to police, text messages, emails, and social media communications may later become evidence in court.
It is also very important to follow all release conditions. Even accidental contact with the complainant could result in additional criminal charges.
Speak With a Criminal Defence Lawyer Early
Domestic assault charges can affect your family life, employment, reputation, and freedom. Early legal advice can help you understand your rights, protect your interests, and avoid mistakes that could negatively impact your case moving forward. Contact Manbir today for a free consultation.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you have a case at the Brampton Criminal Court and need legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
