Understanding the allegation
“Domestic assault” commonly describes an assault allegation involving an intimate partner. It is not a separate offence called domestic assault in the Criminal Code. The exact charge matters: simple assault under section 266 is different from assault with a weapon, assault causing bodily harm or aggravated assault.
Start with your release conditions
Bring your undertaking or release order and your next court date to the consultation. We can discuss what the conditions mean and whether a request to change them is appropriate within the scope of the retainer. Keep following the existing terms unless they are lawfully changed.
Build a response around the evidence
After being retained, we review available disclosure, identify missing material and discuss the issues that matter to your defence. The approach may include preparation for Crown discussions and a careful assessment of the next steps. We explain what is included in your agreement.
Consider the options without assuming an outcome
Depending on the evidence and circumstances, discussions may concern a contested case or a possible resolution. A withdrawal, peace bond or other result is never guaranteed. We explain the implications of options before you give instructions.
Common questions
Can a paralegal defend a criminal charge in Ontario?
Yes, for certain offences within the permitted paralegal scope. The precise charge and the Crown’s election must be checked. A summary election alone does not make every offence eligible. See the Law Society’s permitted offences.
Can my partner have a domestic assault charge dropped?
A complainant can communicate their views, but the Crown decides whether to continue a prosecution. A request to withdraw does not automatically end the case or change a no-contact condition.
Does my partner’s permission change a no-contact order?
No. Private agreement does not change a legal condition. Obtain advice about a lawful variation before resuming contact, including indirect contact through someone else.