Defending Domestic Assault Charges in Ottawa

Being charged with domestic assault in Ottawa can turn your life upside down in a matter of hours. You may have been removed from your home, ordered not to contact your partner or children, and left unsure of what happens next. You are presumed innocent, and you have options. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with domestic assault and works to protect your rights, your family and your future.

Call 613-884-8576 for a free, confidential consultation.

In Ontario, police follow a mandatory charge policy in domestic situations. When they have reasonable grounds, they will usually lay a charge even if the other person does not want them to. That does not mean the case against you is strong, and it does not decide the outcome.

What Domestic Assault Means Under Canadian Law

Domestic assault is not a separate offence in the Criminal Code. It is an assault under section 265, prosecuted as assault under section 266 or, in more serious cases, assault causing bodily harm under section 267 or aggravated assault under section 268, where the person involved is a current or former spouse, partner or family member. The fact that an assault is alleged to be domestic is treated as an aggravating factor on sentencing under section 718.2.

Charges often laid alongside domestic assault

• Uttering threats (s. 264.1)
• Criminal harassment (s. 264)
• Mischief or damage to property
• Forcible confinement
• Assault causing bodily harm (s. 267)
• Choking, which is treated very seriously

The First 24 to 72 Hours: Bail and Release Conditions

What happens immediately after a domestic charge often matters most. You may be held for a bail hearing or released on conditions. Common conditions include having no contact with the complainant and not returning to your own home, which can be extremely disruptive when children and shared finances are involved.

Varying restrictive conditions

These conditions are not always permanent. In appropriate cases we can ask the court to vary the conditions, for example to allow contact through a third party or a return home, where it is safe and the Crown consents or a judge agrees. Acting quickly improves your chances of easing conditions sooner.

Why the Complainant Cannot Simply Drop the Charges

A common misunderstanding is that the case ends if the complainant changes their mind. It does not. Once a charge is laid, only the Crown prosecutor can decide to withdraw it, not the complainant. The complainant can even be summonsed to court. What the complainant wants is one factor the Crown considers, but the decision rests with the prosecution, which is why early, careful legal work matters.

Possible Defences to a Domestic Assault Charge

• Self-defence (s. 34). Where you acted to protect yourself or another person and your response was reasonable in the circumstances.
• Credibility and reliability. Inconsistent statements and gaps in the account can raise a reasonable doubt.
• Charter applications. Where your rights to be free from unlawful search or arbitrary detention, or your right to counsel, were breached.
• No intent, accident, or identity. Where the Crown cannot prove a deliberate application of force.

Resolutions Short of a Trial

Not every case has to go to trial, and many do not end in a criminal record:

• Early intervention and diversion. Ottawa has programs, such as the Partner Assault Response program, that can lead to charges being withdrawn after completion in suitable cases.
• Peace bonds (s. 810). An agreement to keep the peace that resolves the matter without a conviction.
• Discharges (s. 730). An absolute or conditional discharge avoids a registered conviction even where guilt is acknowledged.

Whether any of these is available depends on the facts and your record. We will tell you honestly what is realistic in your case.

Penalties and Long-Term Consequences

A domestic assault conviction can mean jail, probation, a criminal record, and a weapons prohibition, and the domestic context is an aggravating factor on sentencing. Beyond the courtroom, a conviction can affect your ability to enter the United States, your employment, and, for non-citizens, your immigration status.

How a Domestic Charge Affects Custody and Family Court

Criminal and family proceedings often run at the same time. No-contact conditions and family court orders can overlap and affect parenting time and where you can live. We coordinate the criminal defence with these realities so that decisions in one process do not unintentionally harm the other. For specific parenting and custody questions, a family lawyer should also be consulted.

Why Work With Brett McGarry

Domestic cases are stressful and personal, and they are prosecuted seriously in Ottawa. Brett McGarry focuses on criminal defence, appears regularly at the Ottawa courthouse on Elgin Street, and gives you direct access to your lawyer. We take the time to explain your options and to answer your questions at every stage. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa

We act for people facing domestic assault charges who live across Ottawa, including Centretown, Nepean, Kanata, Barrhaven, Orléans and Gloucester. Domestic matters in Ottawa are dealt with at the courthouse on Elgin Street, often within a day of arrest, so quick advice for residents anywhere in the city can make a real difference. We assist clients in English and French.

Domestic Assault FAQ

Can the charges be dropped if my partner does not want to proceed?

Not by the complainant. Only the Crown prosecutor can withdraw a charge. What the complainant wants is one factor the Crown considers, but it does not end the case on its own.

Will I be allowed to go home or contact my spouse and children?

At first, often not, because no-contact and no-return conditions are common. In appropriate cases we can apply to vary those conditions so you can return home or have contact through a safe arrangement.

Is domestic assault different from regular assault?

The charge is the same assault offence under the Criminal Code, but the domestic context is treated as an aggravating factor on sentencing under section 718.2.

What are the penalties for a first domestic assault conviction in Ontario?

They vary with the facts and can include a discharge, a fine, probation or jail, along with a criminal record and a weapons prohibition. Early legal advice can open up resolutions that avoid a record in suitable cases.

Can I avoid a criminal record?

Sometimes. Diversion programs, peace bonds and discharges can resolve a case without a registered conviction, depending on the circumstances.

How will a domestic charge affect my custody or family court case?

Criminal and family matters run in parallel and can affect each other through no-contact conditions and court orders. We coordinate the defence with these issues and recommend involving a family lawyer for parenting questions.

What should I do right after being charged?

Do not contact the complainant, do not give a statement to the police, and call a criminal defence lawyer right away so your rights are protected from the start.

Free, Confidential Consultation

If you have been charged with domestic assault in Ottawa, contact Brett McGarry for a free, confidential consultation. Call 613-884-8576 or contact us online.

For more questions about domestic assault charges in Ottawa, visit our criminal law FAQ.

This page provides general information about the law in Ontario and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.