Violence against an intimate partner (s. 263.1)
One level above the underlying offence, up to life
Domestic Assault Lawyer Mississauga & Brampton
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Charged with domestic assault? Tell us what happened.
Regulator
Since July 17, 2026, violence against an intimate partner can be charged as a separate offence. Read about the 2026 intimate partner violence offence.
Domestic assault, often called domestic violence, is an assault charge under the Criminal Code involving a current or former partner or family member. Release conditions often bar contact and returning home. A domestic assault lawyer can review the evidence and work to have those conditions changed so they are workable.
A domestic assault charge in Brampton or Mississauga often means you cannot go home, cannot see your partner and may not be able to see your children. It happens fast, and it can feel impossible to fix. A domestic assault lawyer can help you understand your conditions and your options.
We act for people charged with assault in a domestic or family setting in Mississauga, Brampton and across Ontario.
Charged with domestic assault?
Domestic assault guides
8 guides- Violence against an intimate partner: the 2026 offence
- Domestic assault bail and no-contact conditions
- Can a domestic assault charge be dropped?
- Domestic assault, your home and your children
- Domestic assault sentences in Ontario
- Coercive control in Canada
- The Partner Assault Response (PAR) program
- Domestic assault charges with no injuries or false allegations
Penalties
Penalties and consequences
Each charge is grouped by its maximum sentence if the Crown proceeds by indictment.
Life14 years10 years5 years
Lifemaximum
Aggravated assault
s. 268
14years maximum
No discharge
Aggravated assault
s. 268Indictment only
Assault with a weapon, bodily harm, or choking
s. 267Hybrid
If charged under s. 263.1 (intimate partner)
10years maximum
HybridDischarge may be possible
Assault with a weapon, bodily harm, or choking
s. 267By indictment
Assault
s. 266If charged under s. 263.1 (intimate partner)
5years maximum
HybridBy indictmentDischarge may be possible
Assault
s. 266
Hybrid means the Crown can proceed by indictment or summarily. A summary proceeding has a lower maximum.
The 2026 intimate partner violence offence
Since July 17, 2026, violence against an intimate partner is a separate offence (Criminal Code s. 263.1). It applies when an offence such as assault involves violence used, threatened or attempted against a current or former spouse, common-law partner or dating partner. The maximum penalty is one level higher than the underlying offence: up to 10 years for common assault, 14 years for assault causing bodily harm, assault with a weapon or choking, and life for aggravated assault. At 14 years or more, a discharge is not available. Incidents before July 17, 2026 follow the old rules. See violence against an intimate partner: the 2026 offence.
The Crown elects whether to proceed summarily or by indictment for s. 266 and s. 267.
The domestic setting changes how sentencing works:
Aggravating factor: under s. 718.2(a)(ii), abuse of an intimate partner or family member is a statutory aggravating factor.
Intimate partner violence offence: since July 17, 2026, the Crown can charge an offence in which violence was used, threatened or attempted against an intimate partner under s. 263.1. This raises the maximum sentence on indictment. Assault rises from 5 to 10 years. Assault with a weapon, bodily harm or choking rises from 10 to 14 years. Aggravated assault rises from 14 years to life. A prior record is not required.
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Overlap with family court matters such as parenting time.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.We assess this before any resolution.
- Your firearmsMandatory if by indictmentRelease conditions and some sentences can ban you from owning weapons.
Weapons prohibition: an indictable offence involving violence against an intimate partner or family member can lead to a weapons prohibition order under s. 109.
We explain when a ban applies and what it covers. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
6 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Domestic assaultDomestic assault sentences in OntarioPossible sentences when an assault involves a current or former partner.Domestic assaultCan a domestic assault charge be dropped?How the Crown decides whether a domestic assault charge continues.
The law
What the Crown must prove
The Crown must prove all three.
Force or threat. You used force on someone, or threatened it by an act or gesture.
On purpose. You acted on purpose, rather than by accident.
No consent. The other person did not agree to the contact.
Read the legal wording
“Domestic assault” is not the name of a single charge. It usually means an assault-type charge where the complainant is a partner or family member. Since July 17, 2026, section 263.1 of the Criminal Code also specifically addresses intimate partner violence, with higher maximum penalties (see Penalties above). The charge is usually:
- Assault under s. 266
- Assault with a weapon, causing bodily harm, or choking, suffocating or strangling under s. 267
- Aggravated assault under s. 268
For any of these, the Crown must prove beyond a reasonable doubt that you intentionally applied force to the other person without their consent. Attempting or threatening force can also be an assault in some situations (s. 265). Injury is not required.
What makes a case "domestic" is the relationship. The Criminal Code defines an intimate partner to include a current or former spouse, common-law partner or dating partner (s. 2). Cases involving parents, children or other family members are also treated seriously.
Learn about Canada's new coercive control offence.
YOUR CONDITIONS
Release conditions, returning home and bail
The first week
The first week after a domestic charge
Arrest
Released by police
with conditions on an undertaking
Held for bail
a bail hearing, usually within 24 hours
Typical conditions
no contact with your partner, stay away from the home, no weapons
Need a condition changed?
for example, to go home or see your children
The Crown agrees
conditions changed in writing, no hearing
The Crown says no
we can ask the court for a bail review
Many people charged with domestic assault are released with conditions. Under s. 515(4.2), a justice must consider a condition that you not communicate with the complainant. Common conditions also include staying away from the shared home and not possessing weapons.
This often means you cannot return home, even if your partner wants you back. Your partner cannot cancel these conditions. Breaking a condition is a separate offence under s. 145, with a maximum of 2 years on indictment.
Varying conditions. Conditions can sometimes be changed:
- A police undertaking may be varied with the written consent of you and the Crown (s. 502).
- A court release order may be varied with the written consent of you, the Crown and any sureties (s. 519.1).
- If the Crown does not agree, you may be able to apply for a bail review in the Superior Court of Justice under s. 520.
Reverse onus. At a bail hearing, the Crown usually has to justify detention. In some cases, you must instead show why you should be released:
- Under s. 515(6)(b.1), where the charge involves violence against an intimate partner and you have a prior conviction or discharge for intimate partner violence.
- Under the same section, where the charge involves violence against an intimate partner and you were already on a peace bond protecting an intimate partner.
- Under Bill C-14, the Bail and Sentencing Reform Act, in force July 15, 2026, where the assault allegedly involved choking, suffocation or strangulation.
At bail, the justice must consider whether the charge involves violence against an intimate partner (s. 515(3)). A person facing a reverse onus must show their release plan addresses the risks. Strong preparation matters.
See domestic assault bail and no-contact conditions and your home and your children.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Depending on the evidence and your history, possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
The Crown must withdraw a charge with no reasonable prospect of conviction. The complainant's wishes alone do not decide this.
Peace bondAgree to conditions under s. 810.
In limited cases, the Crown may withdraw the charge if you enter a peace bond under s. 810. Ontario's Crown Prosecution Manual allows this in domestic cases only in exceptional circumstances and requires senior Crown approval.
DischargeFound guilty, but no conviction is entered.
For some charges, a court may grant an absolute or conditional discharge, which is not a conviction.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.Partner Assault Response (PAR) programCounselling for people charged with partner assault.
In some cases, the Crown may offer a resolution involving PAR, Ontario's counselling program for partner assault.
TrialThe court hears evidence and decides guilt.
The Crown must prove guilt beyond a reasonable doubt. You may be acquitted.
No lawyer can promise a result.
THE CROWN'S VIEW
How the Crown looks at a domestic assault file
Every charge in Ontario must meet the Crown's screening test: a reasonable prospect of conviction, and a prosecution that is in the public interest. In domestic cases, Crown policy adds extra rules, so these files get particular attention.
That does not mean every domestic case goes to trial. The Crown still has to ask whether the evidence can actually prove the charge. Has the complainant's account changed? Is there a video statement, and could it be used if the complainant gives a different account in court? Are there texts, photos or witnesses that support or contradict the allegation? Our lawyer trained at an Ontario Crown Attorney's Office and understands how these files are reviewed from the other side.
Raising the right issues early, with the right supporting material, can affect the Crown's view of both the evidence and the public interest. It can also affect bail conditions, such as whether you can return home while the case continues.
Your defence
How we defend domestic assault and domestic violence charges
What act is actually alleged? - Criminal Code ss. 265 and 267
The relationship context does not replace the legal requirements of the charged assault. We separate each alleged act, its timing and the applicable offence from the wider disagreement. Police notes, the 911 recording, body-camera footage and photographs can help clarify those differences.
Was there consent to the contact? - Criminal Code s. 265
For an allegation of intentional physical force, the Crown must establish lack of consent. Being married or living together does not itself establish consent to the contact in question. We review the words, actions and circumstances, including any submission caused by force, fear or authority.
Does self-defence fit the evidence? - Criminal Code s. 34
Self-defence requires a reasonably grounded belief in force or a threat, a protective purpose, and a response reasonable in the circumstances. The Code expressly makes relationship history and prior interactions relevant to reasonableness. We review that history alongside the immediate incident, available alternatives and each person’s actions.
Does the specific allegation fit? - Criminal Code s. 267
Choking, using or carrying a weapon during an assault, and causing bodily harm are distinct ways this section can apply. A weapon allegation does not depend on proving bodily harm. We check the exact count against the alleged mechanism, medical information, photographs and witness descriptions.
Was the home entry lawful? - Criminal Code ss. 529–529.3; Charter s. 8
Entering a home to arrest someone requires its own legal justification. The Code provides warrant procedures and limited warrantless-entry powers, including specified urgent circumstances. We examine what police knew, any warrant or consent relied on, and whether the entry and resulting search respected Charter protection against unreasonable search.
Can contact conditions be changed? - Criminal Code ss. 515(4) and 519.1
No-contact or residence restrictions can affect parenting, housing and work while the case is pending. The other person’s invitation does not itself change a court order. We check the wording and practical needs, then consider the statutory consent-variation process or another available court application before any proposed contact occurs.
WHAT TO DO NOW
What to do if you have been charged
- Do not discuss the incident with police without first speaking to a lawyer. You have the right to remain silent.
- Read your release document carefully. Note every condition, especially no-contact and stay-away terms.
- Do not contact your partner, even if they reach out first. Contact through friends, family or social media can also be a breach.
- Arrange to get your belongings only in the way your conditions allow, such as with a police escort if permitted.
- Save evidence: messages, call logs, photos of any injuries to you, and names of witnesses.
- Speak with a lawyer before your first court date. Your first court date is on your release paperwork.
PEEL REGION
Domestic assault charges in Peel Region
In Mississauga and Brampton, Peel Regional Police handle domestic assault calls. Peel police have an Intimate Partner Violence Unit that works with the Safe Centre of Peel. Their policy is to lay charges when there are reasonable grounds. Officers also complete a risk assessment in these cases. They tell complainants that neither the police nor the complainant can withdraw a charge once it is laid.
The Brampton Crown Attorney's Office prosecutes these cases at the Brampton courthouse. Every Crown office in Ontario has a prosecutor assigned to intimate partner violence. Crown policy says a charge must not be withdrawn just because the complainant asks. A counselling resolution, such as the Partner Assault Response program, is only possible in some cases. There must be no record for violence, no weapon and no serious injury, and the complainant must be consulted. A peace bond in these cases needs approval from the Crown Attorney or a designate.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
12 links
- Criminal Code, s. 2: Definitions (intimate partner)
- Criminal Code, s. 34: Defence of the person
- Criminal Code, s. 145: Failure to comply
- Criminal Code, ss. 265 to 268: Assault offences
- Criminal Code, s. 502: Variation of undertaking
- Criminal Code, s. 515: Judicial interim release
- Criminal Code, s. 519.1: Variation of release order with consent
- Criminal Code, s. 718.2: Sentencing principles
- Criminal Code, s. 263.1: Violence against an intimate partner
- An Act to amend the Criminal Code, S.C. 2026, c. 12 (Bill C-225)
- Crown Prosecution Manual, D. 23: Intimate Partner Violence
Next steps
Talk to a lawyer today
If you have been charged with domestic assault, call (647) 223-1980, 24/7. Start with a free consultation, and we can start on your release conditions right away.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
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Questions
Frequently asked questions
Can my partner drop the domestic assault charges?
No. Only the Crown can withdraw the charge. Ontario Crown policy says a charge must not be withdrawn solely because the complainant asks. Their views are considered along with all the other circumstances.
How do I get my no-contact condition removed so I can go home?
The condition can be varied with the written consent of you, the Crown and any sureties. If the Crown will not agree, you may be able to apply for a bail review. Until a change is approved, you must follow the existing conditions.
Is domestic assault a separate criminal charge?
For incidents on or after July 17, 2026, yes. The Crown can charge violence against an intimate partner under s. 263.1, which carries higher maximum penalties than the underlying offence. Earlier incidents are charged as assault, with the relationship treated as an aggravating factor at sentencing.
What is the PAR program?
The Partner Assault Response program is an Ontario counselling program for people involved in partner assault cases. In some domestic cases, the Crown may offer a resolution that involves PAR. Whether it is available depends on the facts and the Crown's assessment.
What if my partner contacts me?
You must still follow your conditions. Responding, even once, can lead to a new charge for failing to comply. Speak to a lawyer about varying the condition instead.