Domestic Assault Sentences in Ontario

The short answer

Sentences for domestic assault range from a discharge, which means no conviction, to jail. Courts treat violence against an intimate partner seriously, but there is no minimum sentence for the main assault charges. The result depends on the facts, the injuries, your history and what you have done since the charge. Careful preparation before sentencing can make a significant difference. This guide explains the maximums, the factors judges weigh and the steps that can help.

The maximum sentences

Since July 17, 2026, violence against an intimate partner can be charged under s. 263.1, which raises the maximum. When the Crown proceeds by indictment, the maximums are as follows:

• Common assault: The maximum is 5 years normally, and up to 10 years under s. 263.1.
• Assault causing bodily harm, assault with a weapon or choking: The maximum is 10 years normally, and up to 14 years under s. 263.1.
• Aggravated assault: The maximum is 14 years normally, and up to life under s. 263.1.

If the Crown proceeds by summary conviction, the less serious route, the general maximum is two years less a day, a fine of up to $5,000, or both (s. 787).

Offences committed before July 17, 2026 follow the old maximums. Learn more about the 2026 intimate partner violence offence.

Why domestic cases are treated more seriously

The Criminal Code tells judges to treat abuse of an intimate partner or family member as an aggravating factor (s. 718.2(a)(ii)). Judges must also consider the increased vulnerability of female victims, with particular attention to Indigenous women (s. 718.201).

In practice, this means courts focus on denunciation and deterrence in domestic cases. They also look closely at what you have done to address the behaviour, such as counselling, treatment for substance use and stable living arrangements.

Possible outcomes

The main sentencing options are:

For example, a first-time charge with no injury and completed counselling is in a very different position from a repeat charge involving choking.

Early intervention and counselling

Ontario's Crown Prosecution Manual (D. 23) allows early intervention counselling only if all of the following apply:

• You plead guilty or agree to a peace bond.
• You have no violence-related convictions.
• No serious injury or harm was caused.
• No weapon was used.
• The complainant has been consulted.

The usual program is the Partner Assault Response program. Completing it is a strong point when asking for a lighter sentence, such as a discharge. See our PAR program guide.

How a sentencing hearing works

1. Facts: The Crown reads the facts of the offence into the record, and the defence can correct or add to them.
2. Victim impact: The complainant may provide a victim impact statement, which the judge must consider.
3. Submissions: The Crown and the defence each explain what sentence they think is appropriate.
4. Your chance to speak: You may address the court before the sentence is imposed.
5. The decision: The judge imposes a sentence, sometimes on the same day and sometimes at a later date.

Preparing for sentencing

Helpful material can include proof of completed counselling or PAR, letters from employers and community members, evidence of stable housing and work, and any treatment records. The judge may also order a pre-sentence report, which is prepared by a probation officer after interviewing you and others.

Other consequences

A sentence is only part of the impact. Other consequences can include:

• A criminal record: This follows if you are convicted rather than discharged.
• A weapons prohibition: It is mandatory on an indictable conviction for an offence involving violence against an intimate partner (s. 109).
• No-contact terms: These are often included in a probation order.
• Family court: Family violence is a factor in parenting decisions.
• Immigration: For non-citizens, a conviction can affect status, so get immigration advice before any plea.
• Travel and work: A record can affect border crossings and some jobs.

Probation conditions in domestic cases

Probation orders in domestic cases often include no contact with the complainant unless the complainant gives written consent that is filed with the probation officer, a requirement to attend and complete counselling such as PAR, a ban on weapons and a requirement to report to a probation officer. Breaking any of these conditions is a separate criminal offence, so it is important to understand each one before the order is made.

Record suspensions and discharges

A conditional discharge is removed from the national police database three years after it is granted, and an absolute discharge after one year, as long as you stay out of trouble (Criminal Records Act, s. 6.1). If you are convicted, you can later apply to the Parole Board of Canada for a record suspension, with a waiting period of 5 years for a summary conviction or 10 years for an indictable one.

Immigration considerations at sentencing

For a permanent resident, a sentence of more than 6 months, or a conviction for an offence with a maximum of 10 years or more, can lead to inadmissibility for serious criminality. Because s. 263.1 can raise common assault to a 10-year maximum, the choice of charging section can matter as much as the sentence itself.

How we can help

We can explain the realistic sentencing range for your charge, help you prepare for sentencing and argue for the least serious outcome the facts allow. Call (647) 223-1980 for a free consultation.

Frequently asked questions