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Being charged with assault is already serious, but domestic assault charges bring additional challenges: stricter bail conditions, mandatory police charging policies, and no-contact orders that can affect your home and family. Having an experienced domestic assault lawyer in your corner from the outset puts you in a much stronger position to navigate the process.
Vilkhov Law's domestic violence lawyers in Toronto have represented clients in the Ontario Court of Justice, Old City Hall Courthouse, and other courts across the GTA, drawing on deep local experience with how these cases are prosecuted.
Facing allegations of intimate partner violence calls for an experienced lawyer to contest the charges. Ontario's zero-tolerance and mandatory-charging policies mean the defence strategy needs to be tailored carefully to your circumstances from the outset.
At Vilkhov Law, our domestic assault lawyers bring extensive combined experience defending domestic violence charges of all levels, from simple assault to aggravated domestic assault. We understand the intricacies of Toronto courts and Ontario domestic assault law, and we bring a dedicated, client-focused approach tailored to your unique situation.
Igor Vilkhov, a principal lawyer at Vilkhov Law, has provided legal defence for domestic assault cases across the Greater Toronto Area. A passionate advocate of the presumption of innocence, Igor is known as an experienced and empathetic lawyer who defends his clients both inside and outside the courtroom.
Benson Wilson, a seasoned criminal lawyer, draws on an extensive background defending a wide range of criminal charges, including violent offences. With significant experience in bail hearings and bail review, Benson provides effective support at every stage of a criminal proceeding.
Igor and Benson are committed to personalized attention, meticulous preparation, and assertive courtroom advocacy for clients facing domestic assault allegations in Toronto and across the GTA.
Domestic assault refers to an assaultive offence committed against someone with whom the accused has a domestic relationship. Most often, this means a current or former romantic partner. As a form of intimate partner violence, it can arise in a marriage or a dating relationship, regardless of gender, sexual orientation, or whether the partners live together.
“Domestic assault” is not itself a defined term in the Criminal Code of Canada. Assault is defined under section 265 as the intentional application of force to another person, directly or indirectly, without their consent. Even attempting or threatening to apply force can constitute assault if the other person reasonably believes you have the present ability to carry it out.
An assault becomes a domestic violence matter when it is committed against an intimate partner or family member. Under section 718.2 of the Criminal Code, Under section 718.2 of the Criminal Code, evidence that an offender abused an intimate partner or a member of the victim’s or offender’s family is an aggravating factor that the court must consider at sentencing.
Experienced Toronto defence lawyers can fight your criminal charges.
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Ontario applies a zero-tolerance policy to intimate partner violence. Once a 911 call is made, the responding officers, not the complainant, decide whether to lay charges, and that decision cannot be reversed simply because the complainant later changes their mind.
If you are charged, police must inform you of your right to remain silent and your right to retain counsel. It is important to exercise both rights: say nothing beyond identifying yourself, and contact a domestic assault lawyer as soon as possible.
A domestic assault lawyer plays a role at every stage of the process, helping you navigate the system, advocating for release on bail, evaluating the Crown's case, and building your defence.
Domestic assault charges typically come with strict bail conditions, including no-contact orders and, in some cases, a requirement to vacate the family home even if you hold title or a lease in your name. Experienced bail counsel can negotiate for the least restrictive conditions that address the Crown's concerns.
During the pre-trial stage, your lawyer reviews the Crown's case and appears on your behalf at Crown and judicial pre-trial meetings, which can lead to a resolution without a full trial.
At trial, your lawyer tests the Crown's evidence through cross-examination and presents your defence. Having counsel involved from the earliest stage gives you the most time to prepare a considered strategy rather than a reactive one.
A domestic assault conviction carries consequences well beyond sentencing, including impacts on reputation, employment, housing, immigration status, and parenting arrangements.
| Consequence | Details |
|---|---|
| Summary offence | Maximum two years less a day, and/or a fine of up to $5,000 |
| Criminal record | A conviction can create a criminal record and may affect employment, housing, immigration and international travel. A record suspension, if later granted, can limit access to the record in Canada but does not guarantee that foreign authorities will no longer retain previously obtained information. |
| Probation | Often includes mandatory counselling and no-contact conditions |
| Restraining / no-contact orders | Can apply at arrest, bail, and after sentencing |
| Firearms prohibition | A conviction is commonly followed by an order to surrender any firearms |
| Level | Criminal Code Section | Maximum Sentence (Indictment) |
|---|---|---|
| Simple assault (no weapon, no notable injury) | s. 266 | 5 years |
| Assault with a weapon or causing bodily harm | s. 267 | 10 years |
| Aggravated assault (wounding, maiming, disfigurement, or endangering life) | s. 268 | 14 years |
See section 266, section 267 and section 268 of the Criminal Code for the full statutory language.
Building an effective defence should start as early as possible, ideally before or immediately after arrest.
Your lawyer will request full disclosure of the Crown's evidence, regardless of whether the Crown intends to rely on it at trial.Your lawyer can review the Crown’s disclosure, identify missing or restricted material, and assess the evidence for factual, legal and Charter issues.
If the matter proceeds by indictment, you can elect trial by a provincial court judge, a judge alone in the Superior Court, or a judge and jury in the Superior Court. This choice can materially affect how your case unfolds.
Complainants sometimes wish to recant a statement, but in Canada, the decision to lay a charge after a 911 call rests with the police, and the decision to continue prosecuting rests with the Crown, not the complainant. A complainant who is properly subpoenaed may be required to testify, and failing to attend without lawful excuse can result in an arrest warrant and contempt proceedings.. Complainants in this position often benefit from their own independent legal advice, including through a criminal harassment or family law lens, depending on the circumstances.
Charges: The client was accused of domestic assault and domestic-related mischief. The Crown alleged that our client had assaulted the complainant on a previous occasion in her residence while under the influence of alcohol and had caused a disturbance by flipping furniture.
Defence: The defence challenged the allegations by questioning the specifics of the incident and the client's alcohol consumption, suggesting that the behaviour was out of character.
Result: Following multiple rounds of negotiations and diligent legal efforts, the Crown Attorney decided that continuing the prosecution was not in the public interest. The client entered into a peace bond, after which the criminal charges were withdrawn without a conviction.
Charges: The client was accused of domestic assault. The Crown alleged that our client had assaulted the complainant in their residence by scratching him on his right arm and slapping him on the right side of his face following a verbal argument.
Defence: The defence maintained the client's innocence, arguing that the actions described did not constitute an assault and that the allegations were exaggerated or misconstrued.
Result: After intensive negotiations, the Crown Attorney concluded that there was no reasonable prospect of securing a conviction. Consequently, the charges against the client were withdrawn, clearing them of any wrongdoing in this case.
Charges: The client was accused of domestic assault. The Crown alleged that our client assaulted the complainant in their residence by grabbing the wrist of the victim and forcefully twisting it following an argument.
Defence: The defence argued the client's innocence, challenging the circumstances and severity of the incident described, and questioned the evidence supporting the claim of forceful twisting.
Result: Following diligent negotiations and preliminary efforts by the defence, the Crown Attorney acknowledged the lack of a reasonable prospect for a conviction. The case was subsequently withdrawn, absolving the client of the charges.
Charges: The client was accused of striking and kicking the complainant in their residence following an argument.
Defence: The defence contended the client's innocence, emphasizing a lack of consistent evidence and potential mitigating circumstances that called into question the severity and intent of the alleged actions.
Result: After thorough negotiations and strategic preparations by the defence, the Crown Attorney determined that the likelihood of a successful conviction was minimal. Consequently, the charges were withdrawn, clearing the client of the allegations.
Charges: The client was accused of domestic assault, choking, and uttering death threats. The Crown alleged that our client assaulted the complainant on two separate occasions, which caused the victim to sustain injuries.
Defence: The defence firmly maintained the client's innocence, challenging the credibility of the allegations and the consistency of the complainant's account of the events.
Result: After several rounds of negotiations and a thorough review of the evidence, the Crown Attorney concluded that there was no reasonable prospect of securing a conviction. As a result, all charges against the client were withdrawn.
Say as little as possible to police beyond identifying yourself, do not attempt to contact the complainant, and retain a domestic assault lawyer immediately so they can begin working on your bail plan before your hearing.
Family courts consider the best interests of the child, which can include any criminal charges or history of violence, even before a conviction. A no-contact order tied to your bail conditions can also restrict your access to children who reside with the complainant. It is important to coordinate your criminal defence lawyer with family law counsel if a custody matter is also underway.
Not directly. Once police lay a charge, only the Crown can decide whether to continue, withdraw, or resolve it. A complainant's wish to drop the charges is a factor the Crown may consider, but it is not determinative.
Under R. v. Jordan, 2016 SCC 27, the presumptive ceiling is generally 18 months from the charge to the actual or anticipated end of trial for cases in provincial court and 30 months for cases in superior court, subject to deductions and exceptions recognized by law.
Criminal and family proceedings run separately, but they can affect one another. A no-contact order or restrictive bail condition can influence parenting time and decision-making arrangements while the family matter is ongoing. It is important that your criminal lawyer and family lawyer are aware of both proceedings.
A peace bond is a court order under section 810 of the Criminal Code that requires a person to keep the peace and comply with specific conditions for a set period, without entering a conviction. In some intimate partner violence cases, the Crown may agree to resolve the matter by way of a section 810 peace bond after considering the circumstances of the case, including the complainant’s views and public safety.
The most common defences are factual innocence, self-defence, and, in limited circumstances, consent. Which defence applies depends entirely on the specific facts of your case.
You can apply to vary your bail conditions, either with the consent of the Crown or, if the Crown does not agree, through a contested bail variation hearing before a judge.
The process generally moves through arrest, a bail hearing, review of the Crown's disclosure, pre-trial negotiations, and then either a resolution or a trial. If convicted, the consequences can include a criminal record, probation, fines, or, in more serious cases, a custodial sentence, which is why early legal representation matters at every stage.
Our team of sexual assault lawyers in Toronto and nearby regions serves clients across the GTA and Southern Ontario. Whether you’re in Mississauga, Brampton, Vaughan, or Barrie, we are here to help. Looking for a sexual assault lawyer near you? Contact us now.
