Domestic Assault

Not without a court-ordered variation. Returning home in breach of bail is a separate criminal offence carrying its own penalty and almost always leading to bail being revoked. We work to vary the condition promptly where appropriate.

PARS is a court-connected counselling and accountability program. Successful completion frequently leads to withdrawal of the underlying charge or a peace bond resolution. Whether PARS is the right path depends on the file — we discuss this case by case.

It can — significantly. Even a conviction with no jail time can trigger inadmissibility for permanent residents and refugees. We work closely with immigration counsel when the file has those dimensions and structure resolution paths with that exposure in mind.

For a first allegation without significant injury, custody is frequently avoidable. Depending on the evidence, outcomes range from a peace bond under section 810 or a PARS/early-intervention resolution to a withdrawal or an acquittal at trial. The right path is assessed only after the disclosure is reviewed — never by rushing to plead.

Fees depend on whether the matter resolves at an early stage — through bail, a peace bond, or diversion — or proceeds to a contested trial. Aaron provides a clear, flat-fee quote after reviewing the disclosure, and the first consultation is free and confidential. Call (416) 599-1900.

There is no separate 'domestic assault' offence in the Criminal Code — it is an assault (or related charge) prosecuted under Ontario's dedicated domestic-violence policy, which brings stricter bail conditions, a no-contact order, and a specialized Crown team.

It varies. Many first-time matters resolve within a few months through a peace bond, an early-intervention program, or a withdrawal; contested cases that proceed to trial take longer. Early defence work often shortens the process and improves the outcome.

It depends on how the case ends. A conviction appears on a criminal record check. Under Ontario’s Police Record Checks Reform Act, a withdrawn or dismissed charge is generally not disclosed on standard police checks, although a vulnerable sector check can include non-conviction information in limited, exceptional circumstances. A discharge is purged from the national CPIC database one year after an absolute discharge, or three years after a conditional discharge.

No. Domestic assault release conditions almost always prohibit communication ‘directly or indirectly,’ which includes messages passed through friends, family, children or social media. Breaching a release condition is a separate criminal offence under section 145 of the Criminal Code, carrying up to two years’ imprisonment, and it can lead to your release being cancelled. If contact is genuinely needed, the proper route is a bail variation with the Crown’s consent or a bail review.

It can. Ontario family courts must consider family violence when deciding parenting arrangements under the Children’s Law Reform Act and the Divorce Act, and criminal bail conditions may restrict contact with your children while the charge is outstanding. Many conditions permit contact only under a family court order, so the criminal and family cases need to be coordinated. Anything sworn in a family court affidavit can surface in the criminal case, so get criminal advice first.

Under section 515(6) of the Criminal Code, the accused — not the Crown — must justify release if the allegation involves choking, suffocating or strangling, or if there is a prior conviction for intimate-partner violence or an existing peace bond protecting a partner. In those reverse-onus cases, the accused must clearly demonstrate that the proposed release plan addresses the risks. Aaron M. Spektor builds that plan, including a suitable surety and residence, before the hearing.