Domestic Assault Charges With No Injuries or a False Allegation

The short answer

You can be charged with domestic assault even if no one was hurt. Assault means intentionally using force on someone without their consent, or threatening to do so when you can carry it out (s. 265). A push, a grab or a slap can be enough.

However, a charge is an allegation, not proof. The Crown still has to prove the case beyond a reasonable doubt, and many cases that start with a serious-sounding allegation look very different once the full evidence is reviewed.

Why police charge without injuries

Police lay a charge when they have reasonable grounds to believe an offence happened. In domestic calls, they often act on the complainant's statement alone, especially when there is a safety concern. They do not have to see an injury or hear from other witnesses first.

This is why many people are surprised to be charged. The bar to lay a charge is much lower than the bar to convict.

When an allegation is false or exaggerated

Sometimes an allegation is untrue, overstated or missing important context. This can happen during a separation, an argument over the children or a dispute about the home. It can also happen when both people used force but only one person called police.

The court does not assume the complainant is lying, and it does not assume they are telling the truth. Instead, it looks at all of the evidence and decides whether the Crown has proven the charge.

How these cases are defended

Defence work starts with the disclosure, which is the evidence the Crown must give you. It can include:

• The 911 call and police notes: What was reported and what officers saw.
• Body-worn camera video: Recordings of the scene and the people present.
• The complainant's statement: Often recorded on video at the police station.
• Photos and messages: Pictures, texts and social media messages from before and after the incident.
• Other witnesses: Statements from neighbours, family members or others.

The defence then looks for problems, such as:

• Changes in the story: Differences between the 911 call, the police statement and later accounts.
• Physical evidence that does not fit: For example, a claim of a hard strike with no mark, or a scene that does not match the description.
• Self-defence: Force used to protect yourself or someone else can be lawful if it was reasonable in the circumstances (s. 34).
• Motive: Evidence of a reason to make or exaggerate an allegation.
• Witnesses or records: Evidence that shows you were elsewhere, or that events happened differently.

Cross-charges

In some cases, both partners are charged after police attend. Each case is considered separately, and each person has their own lawyer and their own conditions. Cross-charges can be complicated, because each person may be both an accused and a witness. Any decision about your case should be made with advice that takes the other charge into account.

What happens after you are charged

1. Release: You receive conditions, usually including no contact with the complainant.
2. Disclosure: Your lawyer obtains and reviews the full evidence.
3. Defence investigation: Your lawyer gathers messages, records and witness information that support your account.
4. Crown pre-trial: Your lawyer presents weaknesses in the case to the Crown and discusses possible outcomes.
5. Resolution or trial: The case may be withdrawn, resolved another way or set for trial.

What not to do

• Do not contact the complainant, even to sort things out, because it can breach your conditions and lead to new charges.
• Do not post about the case on social media.
• Do not delete messages or photos, and keep everything, even what looks bad.
• Do not ask anyone to talk to the complainant for you.

Can I charge them for making a false report?

Knowingly making a false report to police can be public mischief, with a maximum of 5 years (s. 140). See our public mischief page.

You cannot lay that charge yourself, because police and the Crown decide. An acquittal or a withdrawn charge does not prove the allegation was false. It may only mean the Crown could not prove the case. For that reason, it is wise to focus first on your own defence.

Statements to police

When police arrive at a domestic call, they often ask both people what happened, and anything you say can later be used as evidence. Many people try to explain the situation at the scene, but those explanations can be incomplete, misunderstood or recorded inaccurately in an officer's notes. It is usually safer to remain calm, give your name when required and ask to speak to a lawyer before giving any statement.

Self-defence in more detail

Self-defence under s. 34 of the Criminal Code requires three things: a reasonable belief that force or a threat of force was being used against you or someone else, a defensive purpose, and a response that was reasonable in the circumstances. In deciding whether the response was reasonable, the court looks at factors such as the nature of the threat, whether there were other ways to respond, the size, age and abilities of the people involved, and the history of the relationship. Once there is some evidence of self-defence, the Crown must disprove it beyond a reasonable doubt.

Why the full context matters

Domestic allegations often arise from arguments that have a long history, and a single moment taken out of that history can look very different from the events as a whole. For that reason, the defence usually gathers the complete message history, records of earlier incidents and information from people who know both partners, so that the court can understand what actually happened and why.

How we can help

We can review the disclosure, look for the gaps in the evidence and give you a clear view of your options. Call (647) 223-1980 for a free consultation.

Frequently asked questions