Peace bond
2025 · Assault ×4, threats, bodily harm
R. v. S, B
An 11(b) delay application citing more than 20 months of late Crown disclosure ended in a peace bond and no conviction.
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A domestic file is charged under the ordinary assault sections. Confirm which count is on your information.
2025 · Assault ×4, threats, bodily harm
An 11(b) delay application citing more than 20 months of late Crown disclosure ended in a peace bond and no conviction.
Assault ×3
After a marital separation, cross-examination exposed inconsistencies in the complainant's account. All three charges were dismissed at trial.
Assault (choking) ×2, threats ×2
An 11(b) application citing unreasonable delay led the Crown to withdraw every charge on a one-year peace bond, with no conviction and no trial.
Our legal team is ready to review your case. Call and speak directly with a lawyer.
Speak to a lawyerIn most domestic assault cases, the accused is held for a bail hearing rather than released by police. The hearing must take place within 24 hours of arrest. The Crown may consent to release on conditions, or oppose release and require a contested hearing.
Typical conditions include no direct or indirect contact with the complainant, not to attend within a set distance of their home or workplace, no weapons, and often a surety who agrees to supervise you. If you share a home, you will usually be required to live elsewhere while the case is ongoing. Arrangements to collect belongings or see children are made through counsel, the police, or a third party — not by contacting the complainant.
Breaching a bail condition is a separate criminal charge and makes the original file much harder to resolve. Conditions can be varied later with the Crown's consent or through a bail variation application, for example to permit contact for parenting.
No. Once police lay a charge, the decision to continue or withdraw belongs to the Crown Attorney, not the complainant. A complainant who no longer wishes to proceed can communicate that through the Victim/Witness Assistance Program, and the Crown will consider their wishes, but it is not determinative. The Crown will weigh the strength of the evidence, the public interest, and the safety of the parties.
A complainant who recants may still be subpoenaed to testify. A prior statement to police, a 911 recording, photographs and text messages can all be used by the Crown even if the complainant is reluctant. This is why the file has to be defended on its evidence, not on the hope that the complaint goes away.
It is important to understand the specifics of the charge you're facing. Below are a few examples of different types of domestic assault.
Domestic assault (s. 266): the intentional application of force without consent — a push, a grab, a slap. No injury is required.
Domestic assault with a weapon (s. 267(a)): this charge applies when a weapon is used, attempted to be used, or threatened to be used against the complainant. Almost any object can be a weapon. It carries a maximum prison sentence of 10 years.
Domestic assault causing bodily harm (s. 267(b)): if an assault results in an injury to the complainant which interferes with the health and comfort of the person and is more than merely transient or trifling in nature, this charge is often applied. It carries a maximum of 10 years in prison.
Domestic aggravated assault (s. 268): this involves extreme domestic violence resulting in severe injuries, such as broken bones or major cuts. It is considered the most serious domestic violence offence and carries a maximum jail sentence of 14 years.
Domestic files frequently include related counts such as uttering threats (s. 264.1), criminal harassment (s. 264), mischief to shared property (s. 430) and choking (s. 267(c)).
The outcome depends on the seriousness of the allegation, the accused's record, and the strength of the evidence.
Early intervention and withdrawal: for a first-time, lower-level allegation without significant injury, the Crown may agree to withdraw the charge or accept a peace bond under s. 810 once the accused completes a Partner Assault Response (PAR) program or counselling. This avoids a criminal record.
Peace bond: a court order to keep the peace and comply with conditions, usually for 12 months. It is not a conviction and does not require an admission of guilt to the assault.
Plea with a discharge: where the Crown insists on a finding of guilt, a conditional discharge with probation and counselling may still avoid a permanent criminal record.
Trial: where the allegation is denied or the evidence is weak, the file should be set for trial. Domestic assault trials are usually decided on the credibility of the complainant and the accused.
Because the Crown is often less willing to withdraw a domestic charge outright, early disclosure review and a realistic assessment of the evidence matter more in these files than in almost any other assault case.
Credibility: most domestic assault cases turn on the complainant's account. Inconsistencies between the 911 call, the statement to police, text messages sent before and after the incident, and the evidence at trial can raise a reasonable doubt. A separation, a custody dispute or an immigration sponsorship can supply a motive to exaggerate or fabricate.
Self-defence (s. 34): an accused who used reasonable force to protect themselves from an assault by the complainant is not guilty. Injuries on the accused, the sequence of events, and who called 911 are all relevant.
The injuries do not match the allegation: photographs and medical records that are inconsistent with the described force can undermine the complaint or reduce a bodily harm count to common assault.
Charter applications: statements taken from the accused at the scene or at the station without proper access to counsel can be excluded. Unreasonable delay under s. 11(b) can result in a stay of proceedings.
The impact of domestic assault charges goes beyond the immediate legal consequences, significantly affecting your employment prospects, family court matters, and even your ability to volunteer or travel.
A finding of guilt is admissible in family court and can affect parenting time and decision-making. For permanent residents and temporary residents, a conviction can trigger inadmissibility and removal proceedings. Employers that require a police check, including any position involving vulnerable persons, will see the conviction. The United States can refuse entry to anyone with an assault conviction.
Facing domestic assault charges can be daunting, but you don't have to face them alone. Contact Kahlon Law at 416-502-8555. Our record of defending domestic assault charges speaks for itself.
We've got the answers. Call us now and speak directly with a lawyer.