Domestic Assault Charges in Ontario

"Domestic assault" is not a separate offence written into the Criminal Code. Instead, it is the term used, in practice and in policy, to describe an assault charge involving intimate partners or family members. Because Ontario treats these cases with particular seriousness, the practical experience of a domestic assault charge is often different from other assault allegations, even though the underlying Criminal Code sections are the same. This guide explains how domestic assault charges arise, how Ontario approaches these cases, and what generally happens next. It is general legal information, not legal advice about a specific case.

What Makes an Assault "Domestic"?

An assault is generally treated as domestic where it involves an intimate partner — including current or former spouses, common-law partners, and dating partners — or a family member. There is no separate legal test; the term describes the relationship between the parties, not a distinct set of elements the Crown must prove. Because of that relationship, however, police and Crown attorneys in Ontario apply specific policies to how these cases are investigated, charged, and prosecuted.

Which Criminal Code Charges Apply

Domestic assault cases are prosecuted under the same general assault provisions that apply to any other assault allegation, most commonly:

• Simple assault under section 266 of the Criminal Code.
• Assault causing bodily harm, assault with a weapon, or assault by choking under section 267, which since 2019 has specifically covered choking, suffocation, and strangulation — conduct that arises relatively often in intimate partner cases.
• Aggravated assault under section 268, for the most serious injuries.
• Uttering threats, where the conduct involves threats rather than physical contact.
• Criminal harassment, where the conduct involves a pattern of following, communicating with, or watching a person in a way that causes them to fear for their safety, which often arises alongside domestic assault allegations, particularly after a relationship ends.

Potential Penalties

Because domestic assault is prosecuted under the same sections as other assault charges, the maximum penalties are the same as described on our pages for simple assault, assault causing bodily harm, and aggravated assault. What differs is how those penalties tend to be applied in practice: because abuse of an intimate partner or family member is a statutory aggravating factor under section 718.2(a)(ii) of the Criminal Code, sentences in domestic assault cases can be higher than for a similar assault between strangers, all else being equal. See our sentencing overview for more on how aggravating and mitigating factors work generally.

Ontario's Approach to Domestic Violence Cases

Ontario police services generally follow pro-charging policies in domestic violence investigations, meaning that where there are reasonable grounds to believe an assault occurred, police will typically lay a charge regardless of whether the complainant wants to proceed. Many Ontario courthouses also have specialized domestic violence court processes designed to handle these cases, which can include referrals to a Partner Assault Response program as part of a resolution. These specialized processes are intended to address the underlying dynamics in intimate partner cases, but they also mean that domestic assault charges are rarely treated as minor matters, even where the underlying incident is relatively low-level.

A New Coercive Control Offence Is Coming

In June 2026, Parliament passed the Protecting Victims Act (Bill C-16), which creates a new standalone offence prohibiting a pattern of coercive or controlling conduct toward an intimate partner, covering non-physical behaviour such as financial control, isolation from friends and family, or monitoring and intimidation that instills fear, even without any physical violence. This offence is scheduled to come into force in 2028, after a preparation period intended to give police, prosecutors, defence lawyers, and the courts time to train for it. The same legislation also made killing an intimate partner who had been subjected to this kind of pattern a first-degree murder category, discussed on our homicide offences page. Because this is very recent legislation with a delayed start date, a criminal or family lawyer can confirm its current status and how it may eventually apply.

Bail and Release in Domestic Assault Cases

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Bail conditions in domestic assault cases commonly include no-contact conditions with the complainant and, where the parties lived together, a condition to stay away from the shared residence, which can create significant practical challenges around housing and access to belongings. Since 2019, the Criminal Code has also included a reverse onus provision at bail for a person charged with a further offence involving violence against an intimate partner where they have a prior conviction or discharge for a similar offence, meaning that person must show why their detention is not justified, rather than the Crown having to justify detention. Our pages on how bail hearings work and bail conditions explain these processes more generally.

Can the Complainant "Drop" the Charge?

A common misconception is that a complainant can simply "drop" a domestic assault charge. In Canadian criminal law, a criminal charge is a matter between the Crown and the accused person, not the complainant. Only the Crown attorney has the authority to withdraw a charge or resolve a case. A complainant's wishes are one factor a Crown attorney may consider, but they are not determinative, and Ontario's general approach to intimate partner violence means that withdrawal is far from automatic even where a complainant no longer wishes to proceed.

Peace Bonds and Other Resolutions

In some domestic assault cases, particularly where the evidence is weaker or the person has no prior record, a resolution may involve a peace bond under section 810 of the Criminal Code, in which the person agrees to keep the peace and follow specific conditions for a set period, often without entering a plea to the underlying charge. In exchange, the Crown may agree to withdraw the criminal charge. A peace bond is not a criminal conviction, though it is a court order that can still have consequences if breached. Whether this kind of resolution is realistic depends entirely on the specific evidence and the Crown's assessment of the case.

Possible Defences

The defences available in a domestic assault case are generally the same as in any assault case: challenging whether the Crown can prove the incident beyond a reasonable doubt, arguing self-defence or defence of another under sections 34 to 35 of the Criminal Code, and addressing the reliability of witness accounts. Domestic assault cases can raise additional complexities, such as prior relationship history, conflicting accounts between two people who know each other well, and, in some cases, prior interactions with police. A criminal lawyer experienced in domestic assault matters can review the specific disclosure and advise on realistic options.

What Happens After This Charge

After a domestic assault charge, the process generally follows the same path as other criminal charges: arrest or a bail hearing, a first court appearance, review of disclosure, and then either a resolution, a guilty plea, or a trial. Given the specialized policies that apply to these cases, getting legal advice as early as possible, including from duty counsel if needed, can make a meaningful difference in how the case unfolds.

Frequently Asked Questions

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