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Céline Dostaler
Domestic Assault Charges: What You Need to Know Before You Speak to Police
When police are called to a domestic disturbance, things can escalate quickly. Even a heated argument—without physical violence—can result in criminal charges. If you’re accused of domestic assault in Ontario, the consequences can be immediate, life-altering, and deeply personal. You may be removed from your home, barred from seeing your children, or find yourself facing a criminal record based on little more than a single allegation.
In this post, we’ll explain what happens when police are called to a domestic incident, Ontario’s mandatory charge policy, the types of evidence that can be used, and—most importantly—why you should never speak to police without first speaking to a criminal defence lawyer.
What Happens When Police Are Called for a Domestic Incident
When someone calls 911 for a domestic dispute—whether it’s a neighbour, partner, or family member—the police are required to respond. Domestic assault includes any alleged assault involving intimate partners, family members, or people living in the same household.
Upon arrival, officers will:
- Separate the parties involved.
- Take statements from both sides and any witnesses.
- Look for physical evidence such as injuries, property damage, or signs of a struggle.
Even if the complainant (the person who called the police) tries to recant or explain that they don’t want charges laid, police can—and usually will—proceed with an arrest if they believe an assault occurred.
Ontario’s Mandatory Charge Policy in Domestic Cases
In Ontario, there is a mandatory charge policy for domestic violence incidents. That means:
If police have reasonable grounds to believe that an assault occurred, they must lay charges—whether or not the complainant wants to proceed.
This policy is in place to protect victims who may feel pressured not to report abuse. But in practice, it can also result in charges being laid in situations where there was:
- No clear physical violence,
- Mutual shouting or pushing,
- False allegations made in anger or during a breakup,
- Misunderstandings escalated by alcohol or stress.
What Happens After an Arrest
Once charges are laid, the accused is often:
- Arrested and taken into custody, even if they have no criminal history.
- Held for a bail hearing, usually within 24 hours.
- Released on strict bail conditions, often including:
- No contact with the complainant,
- No return to the family home,
- Restrictions on seeing or communicating with children.
These conditions can be devastating. They may prevent you from living at home, caring for your children, or retrieving personal belongings—all before you’ve even had a chance to explain your side of the story.
Why You Should Speak to a Lawyer Before Talking to Police
This cannot be stressed enough: do not speak to police about the incident without first speaking to a lawyer.
Even if you’re completely innocent—or believe the situation was a misunderstanding—anything you say can be used against you later. Police may seem friendly or suggest that giving your side will help. It won’t. Their job is to investigate and gather evidence for prosecution.
Speaking to a criminal defence lawyer immediately allows you to:
- Understand the nature of the charges,
- Learn your rights,
- Protect yourself from self-incrimination,
- Develop a strategy for bail and defence.
Remember: You have the right to remain silent and the right to speak to a lawyer. Use them.
What Evidence Can Be Used in Domestic Assault Cases?
You may think that without physical injuries or witness testimony, there’s no case. Unfortunately, that’s not true. The Crown can proceed based solely on a complainant’s statement if they find it credible.
Other common types of evidence include:
- Text messages, emails, or voicemails sent before or after the incident,
- 911 call recordings,
- Photos of injuries or damaged property,
- Witness testimony, including neighbours or children,
- Body camera footage from responding officers,
- Medical records showing injuries or emotional distress.
Your lawyer will scrutinize this evidence for inconsistencies, credibility issues, and potential Charter violations (such as unlawful search or arrest).
Can the Complainant Drop the Charges?
No. Once charges are laid, only the Crown Attorney has the authority to withdraw them. Even if the complainant changes their story, writes a letter, or tells the court they don’t want to proceed, the Crown may still move forward.
That’s why it’s critical to have a lawyer involved early—someone who can negotiate with the Crown, present mitigating factors, and push for diversion, peace bonds, or withdrawals where appropriate.
If Children Are Involved, The Stakes Are Even Higher
Domestic assault charges can trigger family court proceedings and Children’s Aid Society (CAS) investigations. Even before a criminal trial begins, you may:
- Lose access to your children,
- Be subjected to supervised visits only,
- Face allegations of being an unfit parent.
A conviction can have long-term consequences for custody, visitation rights, and even employment in professions involving children or vulnerable persons.
This makes early legal intervention essential—not just to defend the criminal charge but to protect your parental rights.
How a Criminal Defence Lawyer Can Help
An experienced criminal defence lawyer like Céline Dostaler can:
- Appear on your behalf at your first court date to reduce stress and delays,
- Advocate for more reasonable bail conditions or modifications,
- Negotiate with the Crown for a withdrawal, peace bond, or discharge,
- Challenge unreliable evidence or cross-examine the complainant effectively at trial,
- Protect your Charter rights, including against unlawful searches or delays.
In some cases, early legal action can even prevent the charge from going to trial—saving you time, legal costs, and the trauma of a public hearing.
Conclusion: Don’t Face Domestic Assault Charges Alone
Domestic assault charges can unravel your life in a matter of hours. You could lose access to your home, your children, and your good name—sometimes based on a misunderstanding or moment of anger.
Before you speak to police or make a statement, speak to a criminal defence lawyer who understands how to protect your rights and your future. Céline Dostaler, a trusted criminal defence lawyer in Ottawa, has extensive experience defending individuals charged with domestic assault in Ontario courts.
Charged with domestic assault? Get help now. Contact Céline Today
