Although there is no separate offence of "Domestic Assault" or "Spousal Assault" in the Criminal Code, Assault charges laid in domestic dispute situations are generally laid under the common Assault section or Assault with a Weapon of the Criminal Code. Often, Assault charges are laid in conjunction with other charges, such as Uttering Threats, Forcible Confinement and/or Criminal Harassment.Often, during a domestic dispute, one of the parties involved or a family member calls the police, hoping to calm the situation down. The police arrive, someone is arrested and charges are laid. Invariably, if the individual charged is granted bail, it will likely have strict conditions not to have any communication with the complainant spouse and not to attend the family home.

These types of situations can have an immediate and severe impact on a person's life long before the trial stage is reached. Families at the earliest stage of the proceedings are often torn apart, and the individual charged faces the possibility of a criminal record, even perhaps jail time.

However, with the assistance of counsel, variations to bail conditions are sometimes possible from an early stage to allow for a level of reconciliation where appropriate.

Given the sensitive nature of Assaults committed within the context of domestic disputes, many courthouses in the Greater Toronto Area have created specialized courtrooms, staffed by specialized prosecutors that deal exclusively with cases of Assault where the accused and complainant are spouses or partners.

To be classified as a domestic Assault for the purposes of these courts, the accused and complainant need not be married. The relationship can be any personal relationship between two people whether they are dating, living together, common law, married between a man and a woman or same sex couples.

If you or someone you know is facing domestic assault allegations, don't waste any more time. Contact us today.

Consequences of a Domestic Assault Conviction

Under the Criminal Code, a conviction for Assault carries a maximum possible penalty of 5 years imprisonment.