Domestic Assault Bail and No-Contact Conditions

The short answer

After a domestic assault charge, release almost always comes with a no-contact condition. You usually cannot contact the complainant, and you often cannot go to the home you shared. These rules apply until the case ends or a court changes them, which can take months.

Some people are released by police on an undertaking. Others are held for a bail hearing. Either way, the conditions are legally binding, and breaking them is a separate criminal offence that can lead to a new charge and the loss of your release.

Common conditions in domestic cases

Release orders in domestic cases often include the following conditions:

• No contact: You may not contact the complainant, directly or through anyone else.
• Stay away: You must stay away from the shared home, the complainant's workplace or other named places.
• Distance: You must stay a set distance from the complainant.
• No weapons: For offences involving violence, the justice must usually include this condition (s. 515(4.1)).
• Residence: You must live at a set address, sometimes with a surety.

For charges involving violence against an intimate partner, the justice must think about whether no-contact and stay-away conditions are needed for safety (s. 515(4.2)). If the Crown asks, the justice must also consider electronic monitoring.

What the justice considers

The justice must consider whether the charge involves violence against an intimate partner (s. 515(3)). The justice also looks at any past convictions for violence.

Ontario's Crown Prosecution Manual (D. 23) tells prosecutors to look at risk factors such as past violence, a recent or upcoming separation, substance abuse and the effect on children. You should expect the Crown to ask about these issues, and a strong release plan should answer them directly.

When reverse onus applies

Normally the Crown must show why you should stay in custody. In some domestic cases, the burden flips, and you must show why you should be released. This is called a reverse onus. It applies if you are charged with an offence involving violence against an intimate partner and either of these is true:

• A prior finding: You have a past conviction or discharge for violence against any intimate partner.
• An existing peace bond: At the time, you were on a peace bond taken out on behalf of an intimate partner (s. 515(6)(b.1)).

Since July 15, 2026, a reverse onus also applies to assault or sexual assault charges involving choking, suffocating or strangulation (s. 515(6)(a)(ix)). In a reverse onus case, you must clearly demonstrate that your release plan deals with the risks you pose. See our reverse onus guide.

Sureties in domestic cases

A surety is a person who agrees to supervise you while you are on release and who may pledge money to the court. In domestic cases, the Crown looks closely at where you will live, who will be in the home and whether the surety can realistically enforce the no-contact condition. Since July 15, 2026, a person convicted of an indictable offence in the last 10 years generally cannot act as a surety, unless no other suitable surety is available and it is in the interests of justice (s. 515(2.11)).

If the complainant contacts you

A no-contact condition binds you, not the complainant. If they call, text or show up, their contact does not change your order, and replying can be a breach.

For example, a partner may text asking you to come home and talk. Keep the message and do not reply. Then get advice about changing the condition through the proper process.

Breaking a condition is a separate offence under s. 145, and it can put your release at risk. See our breach of bail guide. Many complainants ask for the conditions or the charge to be dropped, but only the Crown can withdraw a charge, as our guide on whether a domestic assault charge can be dropped explains.

Getting your belongings

Many people leave home with nothing but the clothes they are wearing. Some release orders allow one visit, with police, to collect personal items. If yours does not, do not go on your own. Instead, ask for a change that allows a police-escorted visit, or ask someone else to collect items for you if your order allows that.

Changing your conditions

Conditions can change over time. A police undertaking can be changed with the written consent of you and the Crown (s. 502). A court release order can be changed with the written consent of you, the Crown and any surety (s. 519.1). If the Crown will not agree, you can ask for a bail review in the Superior Court of Justice (s. 520).

The Crown usually asks for the complainant's views before agreeing to a change. A complainant who wants contact does not decide the issue, but their views do matter. Until a change is signed and filed, you must follow the order you have.

For children and the family home, see domestic assault, your home and your children.

What to do now

• Read every condition in your release papers and keep a copy with you.
• Arrange a safe place to stay that does not breach your stay-away terms.
• Keep any messages the complainant sends you, but do not reply.
• Write down a list of belongings you need, so a variation request can be specific.

What happens at a domestic bail hearing

At a contested bail hearing, the Crown usually reads a summary of the allegations, describes any criminal record and explains which conditions or concerns it has. The defence then presents the proposed release plan, which often includes testimony from a surety about where you will live, how they will supervise you and how they will make sure the no-contact condition is respected. The justice of the peace weighs the risks identified by the Crown against the strength of the plan before deciding whether to release you and on what terms.

Electronic monitoring and other strict conditions

In more serious cases, the Crown may ask for conditions such as house arrest, a curfew, a ban on alcohol or electronic monitoring. These conditions are intended to manage risk while the case is outstanding, but they can be very difficult to live with for many months. A careful plan that addresses the Crown's specific concerns can sometimes persuade the court that less restrictive conditions are enough.

How we can help

We can prepare your release plan, speak to the Crown about workable conditions and ask for changes when life requires them. Call (647) 223-1980 for a free consultation.

Frequently asked questions