Domestic Assault
The term domestic assault is not found in the criminal code. Rather, it is a way of categorizing assault charges which arise in the context of a domestic relationship such as a marriage, common law union, romantic relationship, etc. Many courthouses in Toronto have special courtrooms and teams of Crown Attorneys that deal with domestic assault charges. Domestic assault charges are taken very seriously. Since they arise within the context of a relationship they are deemed to be aggravating in nature.
Individuals charged with a domestic assault are likely to have conditions placed on them that prohibit contact with the complainant. As a result, the person charged will usually have to move out of the house and have to arrange contact with any children through a third-party. This condition will stay in place until the matter is completed or their is a change in the bail to allow contact.
It is not possible for a complainant to “drop” domestic assault charges. The only party that can withdraw a charge is the Crown Attorney, and they do not generally do this simply because a complainant does not wish to proceed.
For more information on domestic assault charges, please see Adam Goodman’s FAQ on domestic assault charges, or call Adam at 416-477-6793.
