Domestic Violence & Assault in Canadian Law

Canadian law takes a zero-tolerance approach to domestic violence and assault. These charges can have far-reaching impacts on your life, including loss of contact with children, loss of housing, and acquiring a criminal record.

Types of Assault Charges

Under Canadian criminal law, assault charges are categorized into several levels:

• Common Assault (Section 266): The least serious form, including threats or minor physical contact
• Assault with a Weapon or Causing Bodily Harm (Section 267): Involves weapons or causes actual harm
• Aggravated Assault (Section 268): Causes serious bodily harm, disfigurement, or endangers life
• Sexual Assault (Sections 271-273): Non-consensual sexual contact

Special Considerations for Domestic Violence

When assault occurs between family members, additional legal consequences may apply:

• No-contact orders
• Required to leave family residence
• Impact on child custody
• Stricter bail conditions
• Potentially longer imprisonment sentences

Penalties

Assault penalties depend on severity:

• Common Assault: Up to 5 years imprisonment
• Assault with Weapon: Up to 10 years imprisonment
• Aggravated Assault: Up to 14 years imprisonment

Defense Strategies

When facing domestic violence or assault charges, possible defenses include:

• Self-defense
• Defense of others
• Lack of intent
• False allegations
• Consent (in certain circumstances)
• Challenging evidence reliability

Bail and No-Contact Orders

In domestic violence cases, defendants typically face strict bail conditions, including:

• No contact with the victim
• Stay away from specific locations
• Surrender passport
• Regular reporting to police

Our legal team understands the sensitivity of these cases and will provide legal services combining compassion with expertise.