Violence Against an Intimate Partner: The New 2026 Offence

The short answer

Since July 17, 2026, violence against an intimate partner has been a separate offence in the Criminal Code, set out in s. 263.1. It applies when someone commits another offence, such as assault, and that offence involved violence used, threatened or attempted against their intimate partner.

The new section does not create a new kind of act. Instead, it takes an existing offence and raises its maximum penalty when the victim is an intimate partner. Before this change, the relationship mattered only at sentencing, where it was treated as an aggravating factor. Because the higher maximum affects bail, discharges, weapons bans and immigration, it is important to understand exactly how it applies to your charge. See our domestic assault page for an overview.

Who counts as an intimate partner

The Criminal Code defines an intimate partner to include a current or former spouse, common-law partner and dating partner (s. 2). You do not need to have lived together, and the relationship does not need to be ongoing.

For example, a charge involving a former dating partner from two years ago can fall under s. 263.1, even though you never shared a home.

How the higher maximums work

The underlying offence is called the "included offence." When the Crown proceeds by indictment, which is the more serious route, the maximum under s. 263.1 is one step higher than the included offence's maximum:

• Included offence maximum of 2 to under 5 years: The maximum rises to 5 years.
• Included offence maximum of 5 to under 10 years: The maximum rises to 10 years. Common assault, which normally carries 5 years, falls here.
• Included offence maximum of 10 to under 14 years: The maximum rises to 14 years. Assault causing bodily harm, assault with a weapon and choking, which normally carry 10 years, fall here.
• Included offence maximum of 14 years or more: The maximum rises to life. Aggravated assault, which normally carries 14 years, falls here.

The offence is hybrid, which means the Crown can choose either route. However, it can only proceed by summary conviction, the less serious route, if the included offence can also be prosecuted that way. A maximum is the upper limit set by law, not a forecast of what a court will actually do.

What the Crown must prove

Why the new section matters

The higher maximum affects much more than the sentencing range. It can change several other parts of your case:

• Discharge: A discharge means a finding of guilt with no conviction. It is not available for an offence with a maximum of 14 years or life (s. 730). An assault causing bodily harm charged under s. 263.1 reaches 14 years, so a discharge may no longer be possible.
• Immigration: For a permanent resident or foreign national, an offence with a maximum of 10 years or more can be treated as serious criminality under immigration law. Common assault charged under s. 263.1 now reaches that 10-year mark, so anyone who is not a Canadian citizen should get immigration advice before any plea.
• Bail: Some intimate partner charges put the burden on you to show why you should be released. See our guide to domestic assault bail and no-contact conditions.
• Weapons ban: A conviction on indictment for an offence involving violence against an intimate partner brings a mandatory weapons prohibition (s. 109).

Does it apply to older incidents?

Section 263.1 applies only to conduct on or after July 17, 2026. If the alleged incident happened earlier, it is charged under the old rules, and the relationship is treated as an aggravating factor at sentencing.

The date of the alleged incident matters, not the date of the charge. For example, a charge laid in August 2026 about an incident in May 2026 falls under the old rules. Where the dates are unclear or the allegations cover a long period, your lawyer should check carefully which rules apply to each part of the case.

What happens after you are charged

1. Release or bail: Police may release you on an undertaking with conditions, or hold you for a bail hearing. No-contact and stay-away conditions are almost always imposed.
2. First court date: Charges from Mississauga and Brampton are generally heard at the Brampton courthouse. Your lawyer can usually appear for you and request disclosure.
3. Disclosure review: Your lawyer reviews the 911 call, police notes, any body camera video and the complainant's statement.
4. Crown pre-trial: Your lawyer discusses the evidence, the charging section and possible outcomes with the Crown.
5. Resolution or trial: The case may resolve through a withdrawal, a peace bond, early intervention or a plea, or it may proceed to trial.

Possible outcomes

What to do now

• Read your release papers and follow every condition, especially no-contact terms.
• Do not discuss the case with the complainant, directly or through other people.
• If you are not a Canadian citizen, say so at the start, because it can change the advice you receive.
• Keep any messages, photos or records that relate to the incident.

How we can help

We can review the charge, explain whether s. 263.1 applies and what that changes, and deal with the Crown from the start. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

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