How No-Contact Orders Work in Domestic Assault Cases in Ontario

Domestic assault under s. 266 of the Criminal Code, is a serious criminal charge in Ontario that can result in up to five years in prison. Even before the accused is tried, however, they will be slapped with a no-contact order by the arresting officer or the court. If you’ve been charged with domestic violence, a no-contact order could profoundly impact your life.

• What it means: You can’t contact the alleged victim (or sometimes your children or witnesses) directly or indirectly — no calls, texts, emails, or third-party messages.
  
• Types of orders: Can be tied to bail, probation, peace bonds, or family court protection orders.
  
• How long it lasts: Months or even years — often until your case ends.
  
• What if you break it? Even one message can lead to new criminal charges and jail time.
• Can it be changed or modified?  No-contact orders are rarely  completely dropped while your domestic assault charge is pending before the courts.  In rare circumstances a no-contact order may be modified — but only through the proper legal channels, often with Crown consent or a court application. 

No-contact orders are strict and complicated. Read on to learn how they work, how long they can last, and what a lawyer can do to help lift or vary the order.

No-contact orders can be a big source of emotional and financial harm, straining your relationships and adding a great deal of stress to your life. Working with a skilled domestic assault lawyer, you may be able to get a no-contact order lifted so that you can see your family again. It takes time, patience, and a strong advocate to convince the court to make this exception.

What Does a No-Contact Order Do?

In nearly every type of domestic violence case, a no-contact order is enacted against the accused. The order can last for months or even years. If the case continues to drag on, the no-contact order can remain in place the whole time. It may even extend after the court renders a verdict. So, what does a no-contact order do, exactly?

Under a no-contact order, the person charged with domestic assault cannot see or communicate with the victim at all. The restriction could be part of the release conditions for the accused.

The accused cannot contact the victim directly or indirectly, either over the phone or internet, or in person. They cannot send text messages, social media messages, email messages, or postal mail. There is to be no contact whatsoever. This includes trying to communicate through a third party. The accused cannot ask a friend to pass along a message for them.

Often, the no-contact order extends beyond the complainant too. They may not be able to contact their children. They may also not be able to contact any witnesses in the case. Under a no-contact order, the victim may have the right to change the house locks to keep the accused out.

Five Types of No-Contact Orders

No contact orders come in five main types:

1. As a condition of bail release. This most common type of no-contact order is part of the list of bail conditions before trial. The condition remains in place until the trial is over. A qualified domestic assault defence lawyer can try to get this lifted before the trial starts, but typically would not be able to. In some circumstances, your lawyer may be able to obtain a court order modifying the no-contact order.
2. Condition of probation. This is similar to the first type, except it is after the trial is over. The judge may sentence a guilty party to probation instead of jail time. As part of their probation, they must not contact the victim for a period of time. This can be for up to three years.
3. Conditional sentence. Like probation, a person found guilty of domestic assault may be able to serve their sentence in the community. While they may not serve any “real” jail time, they will need to abide by certain rules. One of these can be a no-contact order for up to two years less a day.
4. Peace bond. The accused may not be found guilty of domestic violence, but the court may still order a peace bond to keep the complainant and their children safe. There is no criminal record, but there may be a no-contact order for up to a year.
5. Family law protection order under the Family Law Act. The complainant may apply for this in family court. It is separate from the domestic assault charge, but it can still include a no-contact order, among other restrictions. The court can decide how long the family law protection order lasts.

Possible Penalties for Violating a No-Contact Order

Trying to navigate a domestic assault charge in Ontario is stressful enough. You may be eager to reconcile with your partner and wonder what harm a simple text message could have. Before you hit send, you should know that violating a no-contact order is a serious criminal offence. If you breach a no-contact order, you can be arrested. This criminal offence is on top of the domestic assault charge. It doesn’t matter what was the underlying reason for contacting the victim. The police are simply enforcing the law. Failure to comply can result in severe penalties, including:

• A summary simple assault conviction can result in a fine of up to $5,000 or  jail time.
• An indictable assault offence can have a fine of up to $5,000 and up to five years in prison.

It gets worse. Failing to comply with a no-contact order can impact the domestic assault case too. The courts now have reason to believe the accused does not and will not follow the rules. Bail may be revoked, putting the accused back in jail until their trial date. Conditional sentencing deals become far less likely, if not downright impossible. Even experienced domestic assault defence lawyers will have a hard time shining a more positive light on the situation.

What If the Victim Tries to Contact Me?

In nearly all cases, a no-contact order is absolute. The accused cannot and should not communicate with the victim in any way whatsoever. This means that even if the victim attempts to initiate contact, the no-contact order is still in place. The accused can still get charged for violating it. This can be a very difficult and emotional situation. It is highly advisable to work with your domestic assault defence lawyer to discuss possible options.

Are No-Contact Orders Common in Ontario?

Yes. Domestic assault cases in Ontario almost always have no-contact orders. It doesn’t matter whether the victim supports the charges or not. If the accused has been arrested and charged, the police or court will most likely impose a no-contact order. With spousal assault, the terms of a no-contact order will often typically extend to children and witnesses too.

Why You May Have a No-Contact Order

After an arrest, police perform a domestic assault risk assessment (ODARA). This tool helps them determine the likelihood that the accused may assault their partner again. The ODARA scoresheet considers factors like a prior criminal record and victim concerns.

The outcome of this assessment can have some bearing on how the case proceeds. The court may consider the ODARA result when deciding on bail and bail conditions. Even so, nearly all domestic assault charges have a no-contact order in place. The rationale is that it can help keep the victim safe. Even if the victim doesn’t want a no-contact order, one may be put in place.

With a no-contact order in place, the accused cannot return home to get their belongings without the permission of the court. They need to seek a court order to do this. The same is true if the accused wants to see their children. A domestic assault lawyer can help negotiate conditions under which this may be possible. One example is parenting time ordered by a family court. Supervision may be needed.

How to Remove No-Contact Orders

It is rare for a no-contact order to be completely dropped while your criminal charge is pending before the court. However, in some cases, a no contact order can be modified to allow limited communication. For example, to allow limited contact through a parenting app regarding access and decision making regarding children. A knowledgeable domestic assault defence lawyer can explain these options more fully. While victims can advise the Crown that they want a no-contact order dropped, they ultimately cannot decide if a no-contact order is lifted.

The Crown has complete control over all decision making in prosecuting a domestic assault charge, including regarding no-contact orders. An alleged victim’s desire to drop charges or a no-contact order in no way guarantees that the order will be lifted. In fact, no-contact orders to not communicate with the alleged victim, are rarely dropped by the Crown. A complainant cannot drop charges either because that decision is also completely in the discretion of the Crown prosecutor. Finally, a no-contact order is rarely reversed without the full support of the complainant.

Case Termination

The most common way to lift a no-contact order is to wait until the court case is terminated. The accused may be acquitted of the charge or found guilty. The no-contact order bail condition is also terminated if they plead guilty or the charges are withdrawn for any reason. This can take several months, if not years, to resolve. However, if the accused pleads guilty or is found guilty after trial, typically they will be placed on probation (in addition to a fine or any jail time) and a condition of the probation will be no contact with the victim unless the victim consents in writing to the probation office.

Bail Variation Application

Another option is for both the Crown Attorney and the accused’s lawyer to agree to a bail variation. This may be contingent on the accused joining the Early Interventional Program (EIP) or the Partner Abuse Response (PAR) program. This can take up to four to five months or longer after the first court appearance.

Court Review

If the Crown denies this request, the accused has the option to pursue litigation. Their lawyer can apply for a court review. A judge will then review the conditions imposed by the police and decide if they are necessary. The accused’s lawyer can provide reasons for why the no-contact order should be lifted or modified. In this instance, the complainant should have their own legal representation too.

Reasons to Drop a No-Contact Order

Dropping a no-contact order is not a right. Rather, it is an exceptional request. Almost all Ontario domestic assault cases have one in place. It has become a standard legal rule that the accused cannot speak to witnesses or victims. As such, removing or modifying the order is completely at the discretion of the Crown and the court.

In consulting with your lawyer, you may offer several reasons why you may want to have a no-contact order dropped.

• In consulting with your lawyer, you may offer several reasons why you may want to have a no-contact order dropped (which is rare) or modified (which may be possible depending on the facts of your case) to see or care for your children
• To manage co-owned properties
• To run co-managed businesses
• To provide financial support
• To reconcile with the complainant

Especially if the victim also wants to reconcile, a no-contact order can be frustrating. Sadly, an emotional appeal to the Crown is not enough. It takes a skilled lawyer who can navigate the system and do what is needed.

How a Domestic Assault Lawyer Can Help

Throughout the whole process, it is crucial to have a criminal defence lawyer in your corner. At Kruse Law, we offer a free meeting and quote for all new clients across Kitchener, Windsor, Toronto and London  and across Ontario. During the initial meeting, we can assess your specific case and discuss possible options. This may start with talking about whether it is possible to lift or modify a no-contact order.

Legal proceedings are complex and nuanced. Applications and forms can be difficult to understand. Putting together a compelling case for removing or modifying a no-contact order is no small feat. The skilled domestic assault lawyers at Kruse Law have years of experience in exactly this specialized area of law. The potential penalties for domestic assault in Ontario can be very harsh. You need a skilled team on your side.