There is no separate “domestic assault” offence in Canada’s Criminal Code — assaults against an intimate partner are charged under the general assault provisions (ss. 265–268), but they are investigated, prosecuted, and sentenced more severely at every stage. Ontario police apply a mandatory-charge approach to intimate partner violence (IPV) allegations, Crown policies restrict withdrawals, bail almost always includes no-contact conditions, and s. 718.2 of the Criminal Code makes abuse of an intimate partner a statutory aggravating factor at sentencing. And the law is changing again: the Protecting Victims Act (Bill C-16) received Royal Assent on June 18, 2026, and will eventually make coercive control of an intimate partner a standalone criminal offence, but that specific provision is not yet in force. It is scheduled to come into force no later than June 2028, to allow time to train police, prosecutors, and judges.
This guide explains what counts as domestic assault in Ontario, the charges and real penalties, what happens after an arrest, what outcomes are realistic — especially for a first charge — and what to do right now if you have been arrested or accused.
Key Takeaways
- Domestic assault is prosecuted under the general assault offences: s. 265–266 (assault), s. 267 (weapon, bodily harm, choking), and s. 268 (aggravated assault) — with maximums from 5 to 14 years.
- Abuse of an intimate partner is a statutory aggravating factor (s. 718.2), so sentences and conditions are harsher than in non-domestic cases.
- Coming, but not yet in force: coercive control, a pattern of controlling conduct in an intimate relationship, will become a standalone criminal offence under Bill C-16 no later than June 2028. It is not a criminal offence yet.
- After arrest, expect release conditions that bar contact with the complainant and often bar returning home; the complainant cannot “drop” the charges — only the Crown can.
- For first-time, lower-level charges, realistic outcomes include withdrawal, a peace bond, diversion, or a discharge — but none is automatic.
- If arrested, give your name and basic identifiers, say nothing else, and ask to speak to a lawyer immediately.
What Counts as Domestic Assault in Ontario?
Domestic assault means any assault, intentional force or a threat of force that the victim reasonably believes can be carried out, committed against an intimate partner. Under s. 265 of the Criminal Code, assault includes direct or indirect application of force without consent, attempts or threats by act or gesture, and accosting or impeding a person while openly carrying a weapon. “Intimate partner” is defined broadly in s. 2 of the Code: current and former spouses, common-law partners, and dating partners — which in practice covers ex-partners, girlfriends and boyfriends, and casual sexual partners. The intimate relationship is what triggers the special IPV policies at every stage of the case.
Domestic Assault Charges and Penalties in Ontario
The charge the Crown lays depends on the allegations and injuries — and it sets your maximum exposure.
| Charge | Section | What it involves | Maximum penalty |
|---|---|---|---|
| Assault | s. 266 | Force or threats without consent; no weapon or significant injury | 5 years (indictment); 2 years less a day (summary) |
| Assault with a weapon / bodily harm/choking | s. 267 | Any weapon, any bodily harm that is more than trifling, or choking, suffocation, strangulation | 10 years (indictment) |
| Aggravated assault | s. 268 | Wounding, maiming, disfiguring, or endangering life | 14 years |
| Uttering threats | s. 264.1 | Threats to cause death or bodily harm | 5 years (indictment) |
| Criminal harassment | s. 264 | Repeated following, communication, watching, or threatening conduct causing fear | 10 years |
| Coercive control (not yet in force) | Bill C-16 amendments | Pattern of controlling or coercive conduct in an intimate relationship | Indictable offence, up to 10 years. In force no later than June 2028 |
Two features make domestic cases harsher than the table suggests. First, s. 718.2(a)(ii) makes abuse of an intimate partner an aggravating factor, pushing sentences up within these ranges. Second, choking or strangulation allegations are common in IPV files, automatically elevating the charge to s. 267, doubling the maximum.
Coming Change: Coercive Control Will Become a Crime (Not Yet in Force)
The Protecting Victims Act (Bill C-16) received Royal Assent on June 18, 2026. Most of its provisions come into force on July 18, 2026, but the new coercive control offence is a separate case: the government has delayed it until no later than June 2028, specifically to give police, prosecutors, and judges time to train on how to apply it. Once it is in force, a pattern of coercive or controlling behaviour toward an intimate partner, such as controlling finances, movements, or communications, or isolating a partner from others, will be prosecutable as a standalone offence for the first time, based on a pattern of conduct rather than a single incident. Separately, Bill C-225 (Bailey’s Law) received Royal Assent in June 2026 and classifies a murder committed within a pattern of coercive control of an intimate partner as first-degree murder. Until the coercive control offence itself comes into force, the same underlying conduct can still be prosecuted under existing offences such as criminal harassment, domestic assault, and uttering threats.
What Happens When You Are Arrested for Domestic Assault in Ontario?
Expect to be taken to the station, processed, and released only on conditions that almost always include no contact with the complainant and, if you live together, no returning home — or held for a bail hearing in more serious cases. The sequence:
- Mandatory charging. Ontario police policies require charges where there are reasonable grounds in IPV cases — officers have little discretion, and the complainant’s wishes do not control the decision.
- Release or bail hearing. First-time, lower-level accused are usually released on an undertaking with conditions; s. 267–268 allegations and prior records typically mean a bail hearing, where a surety may be required.
- Standard conditions. No contact directly or indirectly, non-attendance at the home and workplace, weapons prohibitions, and sometimes alcohol bans — breaching any condition is a new criminal charge.
- The complainant cannot drop the charges. Once laid, only the Crown can withdraw them, and Ontario Crown policy restricts withdrawal in IPV files. A recanting complainant is information, not a decision.
- Disclosure → resolution or trial. Your lawyer reviews the evidence — 911 calls, photos, statements, texts — and negotiates or litigates from there.
Your Charter rights on arrest are simple and absolute: give your name, address, and date of birth, then remain silent and ask to speak to a lawyer. Anything you say — including apologies and explanations at the scene — is evidence.
First-Time Domestic Assault Charge in Canada: What Realistically Happens
A first-time, lower-level domestic assault charge in Canada frequently resolves without a criminal record — through withdrawal, a peace bond, diversion, or a discharge — but none of these outcomes happen automatically, and IPV Crown policies make them harder to obtain than in non-domestic cases. The realistic ladder of outcomes:
| Outcome | What it means | Criminal record? |
|---|---|---|
| Withdrawal | Crown drops the charge, sometimes after counselling (e.g., PAR program) | No |
| Peace bond (s. 810) | Charge withdrawn in exchange for a 12-month promise to keep conditions | No conviction; bond may appear on some checks while active |
| Diversion | Completion of a program resolves the charge | No |
| Absolute/conditional discharge | Finding of guilt without a conviction | No conviction; purged after 1–3 years |
| Suspended sentence/probation | Conviction with community supervision | Yes |
| Jail | Reserved for serious injuries, weapons, breaches, or repeat offenders | Yes |
Which rung you land on depends on the allegations, the evidence, your record, and the quality of the defence work — see our guides to conditional and absolute discharges and to false accusations in domestic assault cases if the allegation against you is untrue.
How a Conviction Affects Your Record and Your Life
A domestic assault conviction creates a permanent criminal record with consequences for employment, travel — especially U.S. entry — immigration status, and firearms licensing, and it stays until you obtain a record suspension. Weapons prohibitions are mandatory on conviction for violence against an intimate partner (ss. 109–110), and since April 2025, an IPV conviction also results in refusal or revocation of a firearms licence. Family-court consequences run in parallel: bail and probation conditions can restrict parenting time long before any family judge rules. For non-citizens, a conviction can trigger inadmissibility and deportation proceedings — get immigration advice before resolving any charge.
Defending a Domestic Assault Charge
Domestic assault cases usually turn on credibility, context, and the quality of the evidence — and they are defensible. Common defence routes include self-defence under s. 34 (including in mutual-altercation scenarios), lack of intent or accident, inconsistencies between the complainant’s statements and the objective record (texts, injuries, 911 audio), reasonable doubt on identity or causation of injuries, and Charter breaches in the arrest or statement-taking. Where the allegation is fabricated — most often in high-conflict separations — the defence is built on timeline evidence and a review of disclosure.
“Domestic allegations are unique because the consequences arrive before any trial: you can lose your home, your access to your children, and your reputation on an unproven allegation. The defence has to move just as fast — preserving messages, reviewing disclosure, and challenging the Crown’s theory from the first appearance, not the trial date.”
— Benson Wilson, Criminal Defence Lawyer, Vilkhov Law
What to Do Right Now If You Are Arrested or Accused
- Say nothing beyond identifying yourself, and ask for a lawyer — at the scene, at the station, everywhere.
- Follow every condition exactly. No contact means no texts, no messages through friends, no “just picking up my things” without police accompaniment where permitted.
- Preserve your evidence now. Texts, photos, call logs, and witness names — before accounts are deleted.
- Do not discuss the case with the complainant’s family, mutual friends, or on social media.
- Retain counsel before your first court date. Early advocacy shapes bail variations (including conditions that let you see your children), Crown screening, and access to diversion.
Speak to a Domestic Assault Lawyer in Toronto and the GTA
Domestic assault charges move fast, and the early decisions matter most. Vilkhov Law’s criminal defence team defends assault and intimate partner cases across Toronto, Barrie, Newmarket, Mississauga, and the Greater Toronto Area. Contact us for a free, confidential consultation.
FAQs About Domestic Assault Charges in Ontario
Is domestic assault a separate charge in Canada?
No. There is no standalone “domestic assault” offence — the charge is laid under the general assault provisions (ss. 265–268). What changes is how the case is handled: mandatory charging, restrictive Crown policies, stricter bail, and harsher sentencing because intimate partner abuse is a statutory aggravating factor.
What happens when someone is arrested for domestic violence in Ontario?
Processing at the station, then release on conditions — almost always no contact with the complainant and often no returning home — or a bail hearing for more serious allegations. Breaching any condition is a new criminal charge.
Can the complainant drop domestic assault charges?
No. Only the Crown can withdraw charges once they are laid, and Ontario Crown policy restricts withdrawals in intimate partner cases. A complainant’s recantation is considered but does not decide the outcome.
Can you go to jail for a first-time domestic assault charge?
It is possible but uncommon for lower-level first offences without injuries or weapons. Realistic outcomes include withdrawal, a peace bond, diversion, or a discharge — while serious injuries, choking allegations, or breaches make jail a real risk even on a first charge.
What is the penalty for domestic assault in Ontario?
Simple assault (s. 266) carries up to 5 years; assault with a weapon, bodily harm, or choking (s. 267) up to 10 years; aggravated assault (s. 268) up to 14 years — with intimate partner abuse treated as an aggravating factor at sentencing.
What is coercive control, and is it illegal in Canada?
Not yet, but it is coming. Bill C-16 creates a new standalone offence for a pattern of coercive or controlling conduct toward an intimate partner, such as controlling finances, movement, or communications, or isolating them, but that specific offence does not come into force until no later than June 2028. Until then, the same conduct can be prosecuted under existing offences such as criminal harassment or domestic assault.
How long does a domestic assault conviction stay on your record?
Indefinitely, unless you obtain a record suspension — generally available 5 years after completing a summary sentence or 10 years after an indictable one. Discharges differ: they are purged automatically after 1 year (absolute) or 3 years after probation ends (conditional).
