Assault Charges in Ontario

Does this sound familiar?

I called the police for help, and they arrested my partner, even though I told them that was the last thing I wanted. They didn’t listen.

My partner lied to the police. I didn’t touch him, but they arrested me without really investigating.

I asked the Crown Attorney to drop the charges, but they told me it wasn’t my decision.

Domestic Assault charges are among the most stressful situations for any family. At Song Criminal Defence, we stand by your side and fight to protect your rights and your family’s future.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity: The accused is the person who committed the assault.

• Date and Time: The incident occurred at the specified time.

• Application of Force: The accused applied force to the complainant.

• Intent: The force was applied intentionally, excluding reflex or carelessness.

• Means of Assault: The object or body part used to carry out the assault (e.g., fist, weapon).

• Injuries: Any injuries sustained by the complainant.

• Physical Differences: Size or strength differences between the accused and the complainant.

• Lack of Consent: The complainant did not consent to the application of force.

• No Provocation: The complainant did not provoke or assault the accused.

• Alcohol Involvement: Whether alcohol played a role in the incident.

Consequences of a Conviction

1. Criminal Record: An assault conviction will result in a criminal record.

2. Penalties: For summary offences, the maximum penalty is up to 2 years less a day in jail and/or a $5,000 fine. For indictable offences, the maximum penalty is up to 5 years in jail.

3. Other Possible Orders:

   • DNA Order: A requirement to provide a DNA sample.

   • Weapons Prohibition: A ban on owning or using weapons.

   • No Contact/Communication Orders: Restrictions on contacting the complainant.

   • Restitution Order: Compensation to the victim.

   • Victim Fine Surcharge: A mandatory payment following conviction.

Collateral Consequences of a Domestic Assault Charge

In most domestic assault cases, bail or release conditions will require the accused to:

• Leave the Family Home: Often, the accused will be barred from returning to the shared residence.

• No Communication Orders: You may be prohibited from contacting your partner, even through third parties or electronic means.

• Restricted Access to Family: You may be restricted from attending places your partner is known to frequent.

These conditions can create major logistical and financial challenges, including the need for alternative accommodation and lengthy separations. It’s not uncommon for domestic partners to be separated for months while the case moves through the courts.

Resolving Domestic Assault Charges

At Song Criminal Defence, we are experienced in efficiently resolving domestic assault matters. If reconciliation is possible, we can work toward reuniting families—sometimes even before the charges are fully resolved in court. We also explore options to modify bail or release conditions to reduce the burden on both the accused and their families.

We understand every case is unique. Call us today for a free consultation to discuss your situation, the consequences you may face, and how we can help develop a strong defence plan to protect your rights and your family’s future.