Charged With Assault in Ontario: What Happens Next

The short answer

An assault charge moves through the same basic steps in every Ontario court. After the arrest, you are either released by police or held for a bail hearing, and you then receive a first court date. The Crown gives you its evidence, the two sides discuss the case, and the case is then either resolved or set for trial.

Knowing the steps in advance helps, because most people feel the most worried at the very start, when they know the least about what is coming next.

Step 1: Arrest and release

After an arrest, police either release you or hold you for a bail hearing.

If police release you, you receive a document with a court date, and sometimes an undertaking with conditions. Common conditions include no contact with the complainant and staying away from a certain address.

If police hold you, you must usually be brought before a justice within 24 hours (s. 503). See our bail hearings page.

Whatever conditions you receive, you must follow them exactly, because breaking a condition is a separate criminal offence (s. 145), and it can make release much harder if you are charged again.

Bail and the 2026 changes

Since July 15, 2026, an assault charge in which you are alleged to have choked, suffocated or strangled the complainant carries a reverse onus at bail (s. 515(6)(a)(ix)). This means you must show why you should be released, and you must clearly demonstrate that your release plan addresses the risks. In reverse onus cases, the court does not have to start with the least restrictive form of release (s. 515(2.04)).

A person convicted of an indictable offence in the last 10 years generally cannot act as a surety (s. 515(2.11)). The exception applies when no other suitable surety is available and it is in the interests of justice.

Step 2: Your first court date

The first appearance is usually short, because no evidence is heard and no one decides whether you are guilty. In many cases, a lawyer can appear for you by filing a document called a designation.

Your papers may also list a date to attend for fingerprints and photographs, and missing that date is an offence, so treat it exactly like a court date.

Step 3: Disclosure

The Crown must give you the evidence it has gathered. This is called disclosure, and it can include police notes and reports, the complainant's and witnesses' statements, 911 calls and body-worn camera video, photos and medical records, and security or phone video.

Disclosure is the single most important part of the early case. Nobody can give you a realistic view of your options until it has been carefully reviewed.

Step 4: Meetings to narrow the case

Next, the defence and the Crown meet to discuss the case at a meeting called a Crown pretrial. There is often also a judicial pretrial, where a judge helps the two sides narrow the issues and discuss resolution.

This is the stage where many cases are resolved, because the defence can point out weaknesses in the evidence and argue for a withdrawal, a peace bond or a lighter outcome.

Step 5: Resolution or trial

An assault case can end in several ways:

• Withdrawal: The Crown stops the case, often because the evidence is weak.
• Diversion: In some minor cases, completing a program leads to a withdrawal.
• Peace bond: You promise to keep the peace for up to a year, and the charge is withdrawn. It is not a conviction. See our peace bonds page.
• Guilty plea: This is sometimes to a lesser charge, and sometimes with a joint position on sentence.
• Trial: The Crown must prove the charge beyond a reasonable doubt.

If you are found guilty, the sentence can range from a discharge to jail. See assault sentences in Canada.

Intimate partner cases

Assault charges involving a current or former partner follow special Crown policies in Ontario. The complainant cannot withdraw the charge, and the Crown should not withdraw it only because the complainant asks. Peace bonds are used in these cases only in exceptional circumstances, with approval from the Crown Attorney or a designate. In some cases, the Crown may offer a resolution involving the Partner Assault Response program.

How long it takes

Most assault cases take several months to complete, while more complex cases, or cases that go to trial, can take a year or more. You have a Charter right to be tried within a reasonable time (s. 11(b)).

What to do right now

• Read your release papers and write down every court date.
• Follow every condition, even if the complainant contacts you.
• Do not talk about the case with police, the complainant or on social media.
• Save any messages, photos or video that relate to what happened, because security video is often deleted within days.
• Write down your own account while it is fresh, and keep it private.

Release conditions and your home

In many assault cases, especially those involving a partner or family member, release conditions require the accused person to stay away from the family home. This can be very disruptive, because it may mean finding another place to live, arranging access to belongings through police, and changing childcare plans on short notice. These conditions remain in force until a court or the Crown agrees to change them, even if the complainant wants you to return home.

Changing your conditions

Conditions can sometimes be changed without a full court hearing. A police undertaking can be varied with the written consent of you and the Crown (s. 502), and a release order can be varied with the written consent of you, the Crown and any sureties (s. 519.1). If the Crown does not agree, your lawyer may be able to bring a bail review in the Superior Court of Justice. In the meantime, the existing conditions must be followed exactly.

Your job and your family

An assault charge can affect your work if your employer learns of it or if your job requires a background check. It can also affect family court matters, especially when the complainant is a partner or parent of your children. Getting advice early helps you manage these issues alongside the criminal case.

How we can help

We can appear for you at early court dates, review the disclosure and deal with the Crown on your behalf. Call (647) 223-1980 for a free consultation.

Frequently asked questions