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Domestic Assault Defence

What happens after a domestic assault charge?

Domestic charges move faster and carry stricter conditions than most people expect. Charges generally proceed even if the complainant does not want them to — the decision belongs to the Crown, not the complainant. Release conditions almost always include no contact and often exclude you from your own home, and breaching any condition is a separate offence that damages your position more than the original charge.

What to do next

  1. Do not contact the complainant, at all

    No calls, texts, social media, or messages through friends or family. A no-contact condition is absolute and third-party contact breaches it. This is the single most common way people make their situation worse.

  2. Arrange for belongings and housing through counsel

    If you are excluded from the residence, retrieval of clothing and documents is arranged through police or counsel, not by attending. Plan somewhere to stay before your release.

  3. Comply with every condition exactly

    Curfew, reporting, weapons prohibitions, no-alcohol terms. Breaches are separate charges and are treated as an indicator of risk at every later stage, including bail and sentence.

  4. Get defence counsel early and ask about the family consequences

    A domestic charge frequently runs alongside family proceedings over parenting and the home. The two interact, and conditions in one affect the other — tell each lawyer about the other matter.

Frequently asked questions

The complainant wants to drop the charges — can they?

No. Once charges are laid the decision rests with the Crown, not the complainant. Their wishes may be considered but do not end the prosecution.

Can I go home to get my things?

Not if a condition excludes you. Retrieval is arranged through police or counsel. Attending anyway is a breach and a further charge.

What if the complainant contacts me?

The condition binds you, not them. Do not respond — reply through your lawyer and document that it happened.

How will this affect custody of my children?

It can significantly, and family and criminal proceedings interact. Make sure both lawyers know about the other file.

Can a charge be withdrawn?

Sometimes, through Crown discussions or a diversion programme depending on the allegation and history. That is a negotiation for counsel, conducted through disclosure — not something to pursue yourself.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear domestic assault defence matters.

Related guides

  • Bail and Release Conditions Explained

    How bail works in Canada: the presumption of release, reverse onus, sureties, common conditions, breach consequences, and how to vary conditions later.