Domestic Assault Charges in Ontario: What Happens After Police Are Called

4 min read Updated September 2026 Written by Chetanaya Gupta, Ontario lawyer

The short version

Since July 2026, violence against a partner can be charged as its own offence, with higher maximum penalties; assault between other family members is still charged as regular assault. Ontario treats these cases as a priority, and once police lay a charge, the other person can't make it go away. You'll likely face no-contact conditions right away.

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On this page
  1. Why did police lay a charge if the other person doesn't want one?
  2. Can the other person just drop the charges?
  3. What bail conditions should I expect?
  4. Is it harder to get bail for this kind of charge?
  5. What can resolve the charge, and does it affect immigration status?
  6. What to do next
  7. Quick questions
01

Why did police lay a charge if the other person doesn't want one?

Ontario police follow a long-standing policy: if officers have reasonable grounds to believe violence happened, they generally have to lay a charge. This is sometimes called mandatory or pro-charge policing, and it's meant to take the decision out of the complainant's hands, since a person who's afraid or dependent on their partner may feel pressure not to report. See our page on assault charges for the different assault levels.

Watch · 1:00 Charged at home. Now you can't go home
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Charged at home.

Now you can't go home.

It starts now: You can be released on conditions: no contact, and stay away. They start right away. A no-contact order counts even while you're still in custody.

Even your own home: The place you can't go can be your own home. Even if you own it or rent it.

If they reach out: If they call or text, don't reply. It can still be a breach, even if they agreed. No messages through friends or family either.

If you break it: A breach can mean arrest, a new charge, and another bail hearing. Up to two years in jail. And you must show why you should be released.

Changing conditions: They can't cancel your conditions. Only the court, or a written consent with the Crown, can change them. Go through your lawyer. Any sureties must agree in writing too.

It's still your home. For now, the order comes first.

What to do

  • Read every condition, line by line.
  • No contact, not even through friends.
  • Need your things? Ask your lawyer if your order allows it.
  • Want a change? Your lawyer can ask the Crown or a judge.
02

Can the other person just drop the charges?

No. Once police lay a charge, only the Crown (the prosecutor) can withdraw it. The complainant's wishes matter and the Crown will usually ask about them, but Ontario treats intimate partner cases as a priority, so it's often in the public interest to proceed even if the complainant later says they don't want that.

03

What bail conditions should I expect?

Common conditions include no contact with the other person, directly or through someone else, and staying away from the home, even if it's yours. You may need a police escort or a third party to collect your belongings. A lawyer can ask the court to narrow conditions that go further than the case needs, for example allowing contact about shared kids through a specific method. See our pages on bail and bail conditions and breaches.

04

Is it harder to get bail for this kind of charge?

It can be. If you're accused of violence against a partner and have a past partner-violence conviction or discharge, or were on a partner peace bond, you must show why you should be released, with a clear release plan, instead of the Crown having to justify detention. Since July 15, 2026, the same reversed burden also applies to an assault charge that involves choking, suffocating or strangulation.

05

What can resolve the charge, and does it affect immigration status?

A first-time, lower-level allegation can sometimes end, in exceptional cases approved by the Crown Attorney, with a peace bond (a promise to keep the peace, no plea or record), a discharge (which still needs a guilty plea or finding of guilt, just no formal conviction), or a chance to complete the Partner Assault Response (PAR) program, a 12-session group program on abuse and non-violent conflict resolution. PAR is usually ordered as part of a peace bond or a sentence. The Crown's early intervention route is offered only if you plead guilty or agree to a peace bond. Courts treat abusing an intimate partner as an aggravating factor at sentencing. A conviction can also affect family court matters and, for non-citizens, immigration status. If that's you, speak to an immigration lawyer too.

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What to do next

Where to go from here

  1. Don't contact the other person yourself, even to explain your side or apologize, until a lawyer confirms it's allowed.
  2. Write down what you remember while it's fresh, including any witnesses.
  3. Arrange a third party or police-assisted visit if you need belongings from a shared home.
  4. Ask about PAR or peace bond options early, since timing can affect what's available.
Quick questions

People also ask

Can I go back home if my name is on the lease or mortgage?

Not if a no-contact or stay-away condition covers the home. Ownership doesn't override a release condition. A lawyer can ask the court to vary it.

Does the PAR program mean I'm pleading guilty?

Not always. It can be part of a peace bond, which involves no guilty plea or conviction. Where it's offered through the Crown's early intervention route without a peace bond, a guilty plea comes first.

Is a peace bond the same as a conviction?

No. A peace bond is a court order to keep the peace for a set period. There's no guilty plea and no criminal record from the charge itself.

Sources

This page is general information about Ontario law as of September 2026. It isn't legal advice about your situation.

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