Yes. In Ontario, the law recognizes that domestic violence can extend beyond just physical violence. Merely making threats of violence within a domestic relationship can result in a criminal charge. The police can and will arrest people based only on uttering a...
FAQ
Domestic Assault FAQ
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FAQs By Category
What is the Ontario Domestic Assault Risk Assessment (ODARA)?
The Domestic Assault Risk Assessment (ODARA) is a tool used to determine the likelihood that someone who has already assaulted a former or current intimate or dating partner in a heterosexual relationship will do it again. In this context, "intimate partner" may refer...
What is domestic mischief?
Mischief is an offence under Part XI of the Criminal Code of Canada. It includes acts like damaging property (vandalism), interfering with electronic data, and mischief causing danger to someone’s life. Section 430 of the Criminal Code reads as follows: 430 (1)...
Can I visit my children if I’m on bail for domestic violence?
You may be able to visit your children if you are on bail for a domestic violence charge. The court always considers what is in the child's best interest when making decisions about access. When there has been a domestic assault charge, the courts might allow the...
What if my partner does not want to press charges?
You may have heard the term “pressing charges” long before being arrested for domestic violence. As you await trial, you may be hoping that the police will eventually have to drop the criminal charge because the accuser doesn’t want to press charges—and the...
Will I go to jail for a domestic assault charge if I am a first-time offender?
In Canada, a charge of domestic assault differs from a simple assault offence. Assault on a family or household member is considered an “aggravating factor” during sentencing for defendants who are convicted, making the potential penalties more...
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