Domestic Assault

The definition of assault is outlined in section 265 of the Criminal Code, encompassing all forms of assault allegations, including those related to domestic assault charges.

Domestic assault specifically refers to assault allegations between "intimate partners," which can include current or former spouses, common-law partners, or dating partners. When an assault occurs within such relationships, it is termed a "domestic assault" case, subject to distinct prosecution procedures by the Crown Attorney's office.

While the Criminal Code doesn't introduce a distinct "domestic assault" charge, many jurisdictions treat these cases separately. Crown Attorneys are mandated to prioritize the safety of domestic violence complainants and their families throughout the prosecution process. Recent changes in the Criminal Code guide judges and prosecutors to adopt a more stringent approach toward individuals accused of intimate partner violence, affecting various stages, including bail and sentencing.

In the context of bail, judges are now obligated to consider whether the accused is charged with an offense involving actual, attempted, or threatened violence against an intimate partner.

During sentencing, judges must consider violence against an intimate partner or the family member of the victim or offender as an aggravating factor. This directs judges to impose more severe sentences for those who commit assaults against domestic partners. Internal police policies typically mandate that, in almost all cases, police are expected to charge individuals alleged to have assaulted another in a domestic context, irrespective of the presence of independent proof, such as visible injuries or witnesses. In these situations, a person's statement alone, even without any additional evidence, is sufficient to initiate criminal charges against their domestic partner.

What are the penalties for domestic assault?
Facing a domestic assault conviction can have significant repercussions on an individual's employment and reputation. It may result in a criminal record and the possibility of serving time in jail.

The maximum jail sentence for domestic assault varies, ranging from two years less one day when prosecuted summarily by the Crown, to 10 years imprisonment when prosecuted by indictment.

Typically, the severity of the penalty imposed by a judge correlates with the harm suffered by the complainant. In less severe cases, a judge may opt for a lighter sentence, such as probation with counseling or a fine, without imprisonment. In certain instances, individuals found guilty of domestic assault may receive a "discharge," meaning they won't carry a criminal record.

What is a peace bond, and why is it offered in domestic assault cases?
Domestic assault allegations are sometimes settled by way of the accused person entering into a peace bond agreement in exchange for having the criminal charge dropped after the peace bond is in place.

Opting for a peace bond can be more favorable than going through a trial, which often involves uncertainties regarding the outcome. Notably, agreeing to a peace bond does not require the accused person to admit guilt regarding the alleged assault on their domestic partner. However, akin to bail conditions, individuals entering into a peace bond must adhere to various court-imposed rules until the bond expires.

Typical rules associated with peace bonds may include restrictions on possessing weapons throughout the bond's duration and limitations on contact with the complainant in the assault charge, except with the complainant's prior consent. Prosecutors often prefer the use of peace bonds before withdrawing domestic assault charges, ensuring continued protection for complainants through court orders even after the criminal charge is dropped.

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