If you’ve been arrested for domestic violence, it’s important to understand what you’re really facing—and how serious it is. Here’s a quick breakdown:
- There is no specific “IPV charge” in the Criminal Code—you’re actually facing a domestic assault charge.
- Intimate Partner Violence (IPV) is the context, not the charge, but it leads to heightened scrutiny and serious consequences in the justice system.
- The Crown, not the complainant, decides whether to proceed with the case—charges are rarely dropped, even if the complainant wants to.
- Strict bail conditions—especially no-contact orders—can impact your ability to return home or see your family.
- You need to contact a criminal defence lawyer immediately to protect your rights and prepare your defence.
Read the full article to understand how IPV allegations are prosecuted and what you need to do right away if you’ve been charged.
Being arrested for domestic assault is a disorienting and frightening experience. Suddenly, you may be unable to return to your home or speak to your partner, all while facing the severe consequences of a criminal charge. If you’re hearing terms like “domestic assault” and “intimate partner violence (IPV)” in relation to your case, you need clear, accurate information about what you’re actually facing.
The Truth About IPV vs. Domestic Assault: They aren’t two different charges. In Ontario, “domestic assault” is the actual criminal charge, while “intimate partner violence” is the serious context that dictates how police, prosecutors, and judges will handle your case. This article explains what that means for you and your defence.
What Makes an Assault Charge a “Domestic” Case?
Understanding the relationship between IPV and domestic assault charges begins with recognizing that both terms describe the same legal situation from different perspectives. When violence occurs between intimate partners, it’s not charged as “IPV”—it’s charged as assault under the Criminal Code, but the intimate relationship context transforms how every aspect of your case is handled.
Legal Definitions Under the Criminal Code
In Ontario, there is no standalone charge called “intimate partner violence.” Instead, the Criminal Code creates various assault charges:
- Simple Assault (Section 265): Intentionally applying force without consent
- Assault Causing Bodily Harm (Section 267): Assault that results in injury
- Aggravated Assault (Section 268): Assault that wounds, maims, or endangers life
When any of these charges involve intimate partners, they become “domestic assault” cases. The intimate partner context doesn’t change the charge itself—it changes everything else about how your case proceeds.
Why It’s Called “Domestic Assault,” Not “IPV,” on Your Charge Sheet
The term “intimate partner violence” appears in government policies, social services documentation, and court discussions, but your actual charges will read as “assault,” “uttering threats,” or another specific Criminal Code offence. The “domestic” or “IPV” designation is an internal classification that triggers:
- Specialized prosecution units
- Mandatory charging policies
- Enhanced victim services
- Stricter bail conditions
- Sentencing considerations
Types of Relationships That Qualify as “Intimate Partners”
Ontario’s justice system defines intimate partner relationships broadly, including:
- Current or former married spouses
- Common-law partners (regardless of gender)
- Dating relationships, including casual dating
- “Friends with benefits” arrangements
- Any romantic or sexual relationship, regardless of duration
The relationship doesn’t need to be current—charges between ex-partners still qualify as domestic assault cases with all the associated enhanced consequences.
How the Courts Handle These Charges Differently
Once your case is classified as involving intimate partner violence, it enters a specialized stream within Ontario’s justice system designed to treat these matters with heightened seriousness.
Ontario’s “Zero Tolerance” Policy: Why the Crown Won’t Drop the Charges
One of the most shocking aspects for many accused persons is learning that domestic assault charges typically proceed even without a statement from the spouse. Ontario operates under a “zero tolerance” policy, meaning:
- Police must charge if there’s any evidence of domestic violence
- Crown prosecutors rarely withdraw charges, even if the complainant recants
- The Crown views domestic violence as a public safety issue, not a private matter
- Your partner cannot simply “drop the charges”
This policy reflects the understanding that intimate partner violence often involves complex dynamics of control, fear, and reconciliation that can prevent victims from participating in prosecutions.
Arrest and Bail Conditions That Change Your Life Immediately
When charged with domestic assault, you face immediate, life-altering restrictions:
Mandatory No-Contact Orders:
- No direct or indirect communication with the complainant
- Cannot go to the complainant’s residence or workplace
- Cannot communicate through friends, family, or social media
- May be prohibited from your own home if you live together
Additional Conditions May Include:
- Surrendering firearms and weapons
- Geographic restrictions (staying away from specific areas)
- Abstaining from alcohol or drugs
- Reporting to bail supervision
These conditions can devastate your ability to maintain employment, housing, and family relationships. An experienced domestic assault lawyer can work to establish reasonable bail conditions from the outset.
Role of the Crown Prosecutor in Domestic Cases
Crown prosecutors handling domestic assault cases operate under specialized directives that emphasize:
- Victim safety as the primary concern
- Aggressive prosecution regardless of victim cooperation
- Seeking jail sentences even for first-time offenders if the facts warrant it
- Opposing bail or seeking restrictive conditions
- Considering the relationship context as an aggravating factor
This specialized approach means your case receives more resources and attention than a typical assault charge, making experienced legal representation essential.
Common Criminal Offences in IPV Contexts
Domestic situations often involve multiple charges beyond simple assault. Understanding the full scope of potential charges helps you grasp the seriousness of your situation.
Physical Assault Charges
Physical violence charges in domestic contexts include:
- Simple Assault: The most common charge, covering any unwanted physical contact
- Assault Causing Bodily Harm: When the complainant sustains any hurt or injury that interferes with their health or comfort and is more than merely transient or trifling in nature. Examples include, serious bruises, cuts, or broken bones
- Aggravated Assault: When the complainant is wounded, maimed, disfigured or their life is endangered
Non-Physical Offences in Domestic Situations
IPV cases frequently involve charges beyond physical violence:
Uttering Threats (Section 264.1):
- Threatening to kill or cause serious harm
- Threatening to damage property
- Can be charged even for verbal threats with no physical contact
Criminal Harassment (Section 264):
- Repeatedly following or communicating with someone
- Watching or besetting their residence or workplace
- Engaging in threatening conduct
Property and Control-Related Charges
Domestic situations often involve charges related to control and intimidation:
- Mischief (Section 430): Damaging the complainant’s property
- Forcible Confinement (Section 279): Restricting someone’s movement
- Break and Enter or being unlawfully in a dwelling house: If you’re prohibited from attending the complainant’s residence but return
Understanding a closer look at spousal assault reveals how these charges often occur together, creating complex legal situations requiring strategic defence approaches.
Why the Consequences Are More Severe
The intimate partner context creates enhanced consequences at every stage of the legal process, from arrest through sentencing.
Criminal Record Implications
A domestic assault conviction creates a criminal record with specific consequences:
- Employment difficulties, especially in positions of trust
- Professional licensing issues (teachers, healthcare workers, lawyers)
- Volunteer restrictions, particularly involving vulnerable populations
- Immigration consequences for permanent residents
- Travel restrictions to other countries
Sentencing and Aggravating Factors
Section 718.2 of the Criminal Code specifically identifies abuse of an intimate partner as an aggravating factor in sentencing. This means:
- Higher likelihood of jail sentences, even for first offences
- Longer periods of probation
- Mandatory counselling programs
- Weapons prohibitions
Judges regularly impose jail sentences for domestic assault convictions that would typically result in discharge or probation in non-domestic contexts.
Impact on Family Law Cases
Domestic assault charges create immediate complications in family law proceedings:
- Emergency custody orders favouring the complainant
- Supervised access to children only
- Exclusion from the family home
- Restrictions on child support and spousal support claims
- Long-term custody and access limitations
These family law consequences often begin immediately upon charge, regardless of whether you’re ultimately convicted.
Building Your Defence: How a Criminal Lawyer Can Fight for You
Despite the serious nature of domestic assault charges, these cases are often winnable. Experienced defence lawyers understand the unique challenges and opportunities in domestic cases.
Strategic Defence Approaches
Effective defence strategies for domestic assault charges include:
Challenging the Evidence:
- Inconsistencies in the complainant’s statements
- Lack of corroborating physical evidence
- Reliability issues with witness testimony
- Police procedural errors during investigation
Self-Defence Claims:
- Demonstrating you acted to protect yourself
- Establishing the complainant was the aggressor
- Showing your response was proportionate to the assault or threat
Credibility Issues:
- Defending charges of spousal assault often involves examining the complainant’s motivation to fabricate or exaggerate allegations
- Financial incentives in family law proceedings
- History of false allegations
- Mental health or substance abuse issues affecting reliability
Why Immediate Legal Representation Matters
The specialized nature of domestic assault prosecutions makes early legal intervention crucial:
- Protecting your rights during police interviews
- Securing reasonable bail conditions
- Preserving evidence and identifying witnesses
- Coordinating with family law proceedings
- Developing defence strategies before the Crown’s case solidifies
Whether you need a domestic assault lawyer in London, Toronto, Windsor, or Kitchener, the experienced team at Kruse Law is here to help you navigate these high-stakes cases with skill and compassion. Contact us today for a confidential consultation and let us start building your defence.
Frequently Asked Questions
Q: My partner wants to drop the charges. Can they do that? A: This is one of the most common misconceptions in domestic assault cases. In Ontario, the decision to proceed with charges belongs solely to the Crown Prosecutor, not the complainant. Due to “zero tolerance” policies, the Crown will almost always continue the prosecution, even if your partner provides a statement saying they do not wish to proceed.
Q: If there are no injuries or physical evidence, can I still be convicted? A: Yes. Domestic assault convictions can occur based solely on the complainant’s testimony. Assault includes any unwanted touching or even the threat of force, regardless of whether injuries result. The Crown doesn’t need physical evidence if the judge believes the complainant’s testimony.
Q: Will I go to jail for a first-time domestic assault charge? A: While jail isn’t automatic for first offences, domestic assault charges carry a much higher likelihood of jail sentences than other assault charges. Judges regularly impose jail sentences for domestic assault convictions that would typically result in discharge in non-domestic contexts. The outcome depends on factors like the severity of allegations, your criminal history, and the strength of your defence.
Q: Can I return to my home while charges are pending? A: This depends on your bail conditions. If you and the complainant live together, bail conditions typically prohibit you from returning to the residence. In some cases, lawyers can negotiate arrangements allowing supervised access to retrieve belongings, but unsupervised return usually isn’t permitted until the case concludes.
Q: How will domestic assault charges affect my child custody case? A: Domestic assault charges create immediate and long-term complications in family law proceedings. Emergency court orders often grant temporary custody to the other parent, restrict your access to supervised visits only, and can influence permanent custody arrangements. These consequences begin immediately upon charge, regardless of the eventual criminal court outcome.
Don’t navigate this complex legal landscape alone. The consequences are too severe, and the specialized nature of domestic assault prosecutions requires experienced legal representation from day one.
Contact Us
Complete the form below to get a free meeting and quote.