Criminal Defence Core
Domestic Assault Lawyer in Canada
A domestic assault lawyer defends charges under Criminal Code, s. 266, prosecuted under domestic violence policies with s. 718.2(a)(ii) as an aggravating factor. This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 266, prosecuted under domestic violence policies with s. 718.2(a)(ii) as an aggravating factor·hybrid offence
What Domestic Assault covers in Canadian criminal law
There is no offence called domestic assault in the Criminal Code. The charge is ordinarily assault under section 266, but it is prosecuted through specialized domestic violence courts and Crown policies that treat intimate partner violence differently from other assaults.
Two features drive these cases: mandatory charging policies mean police typically lay a charge whenever they have reasonable grounds, regardless of the complainant's wishes; and release conditions almost always prohibit contact with the complainant and attendance at a shared residence.
Section 718.2(a)(ii) makes abuse of an intimate partner a statutory aggravating factor on sentence, and a domestic conviction carries collateral weight in family law proceedings involving parenting and access.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused applied force to the complainant, or threatened or attempted to do so
- The application of force was intentional
- The complainant did not consent
- The complainant was a spouse, common-law partner, dating partner or family member
- Identity of the accused and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- Release and probation conditions barring contact with the complainant and excluding the accused from the family home
- Mandatory attendance at a partner assault response or equivalent counselling program as a condition of resolution
- A criminal record with heightened consequences in family court and for employment involving vulnerable people
- Weapons prohibition orders, which can end a firearms licence and employment that requires one
- Immigration consequences for permanent residents and foreign nationals
Common defences
- Self-defence under section 34, which arises frequently in mutual altercations
- The allegation is fabricated or exaggerated in the context of a separation or custody dispute
- Inconsistencies between the 911 call, the police statement and later accounts
- The contact was accidental during an argument rather than an intentional application of force
- Charter breaches in the arrest, statement-taking or search of the home
- Resolution through a peace bond under section 810 without a conviction
Domestic assault lawyer: frequently asked questions
- Can my partner cancel the charge if they do not want to proceed?
- No. Charging decisions belong to police and prosecution decisions belong to the Crown. Under mandatory charging policies, the complainant's wish to withdraw does not end the case. It is relevant information the Crown weighs, and counsel can present it during resolution discussions.
- Can I go home after being charged?
- Usually not immediately. Release conditions in intimate partner cases ordinarily prohibit contact with the complainant and attendance at the shared residence. Counsel can apply to vary conditions, and where the complainant supports it, a variation permitting contact or return is sometimes achievable.
- Will a domestic charge affect custody of my children?
- It can. Family courts consider allegations and findings of family violence when deciding parenting arrangements, and criminal release conditions can restrict contact in the interim. Coordinating the criminal defence with the family proceeding matters, because statements made in one can affect the other.
Find a domestic assault lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Domestic Assault among their practice areas. Featured listings appear first.
Domestic Assault lawyers by province