Domestic Violence Charges Ontario

Domestic Violence On the Rise

Domestic Violence Charges in Ontario have been on the rise since 2014, according to statistics.  For example, from 2014 to 2022, interpersonal violence rates have gone up 19% for females and 21 % for males.  Sexual assault has increased at an even greater rate — 163%

Criminal Charges for Domestic Violence

Given the increases in the reporting of these crimes, it is not surprising that the Ontario Court of Justice has seen a vast increase in the number of Domestic Assault cases.  Daily trial dockets, which are public records, show you just that

There are a number of different types of charges that we see laid in domestic relationships:

• Common assault
• Assault with a weapon
• Assault – choking
• Sexual Assault
• Forcible confinement
• Mischief

A charge will be categorized as a “domestic” one if it occurs within the context of a domestic relationship.

Can My Partner Withdraw The Charges?

One common question that criminal lawyers get about Domestic Violence Charges in Ontario is whether the complainant (or partner) can withdraw their allegations. 

The short answer is “no”.  In almost all cases, domestic charges are laid by a police service in Ontario, not a private civilian.  Accordingly, the complainant is not the informant, and does not have the power to withdraw a matter. 

Additionally, even if the complainant requests that the Crown Attorney withdraw the matter, the Crown does not have to entertain that request.  The Crown’s mandate is the “public interest” and not the interests of the complainant only.

How Serious or Domestic Violence Charges in Ontario

Domestic Violence Charges in Ontario are serious.  For starts, any offence that takes place within an interpersonal or domestic relationship is considered an “aggravating factor” according to s. 718.2 of the Criminal Code of Canada. An aggravating factor is one that would tend to make the crime more serious, and thereby the punishment more serious as well.

In addition to that, in courts throughout Ontario, you typically have specific teams dedicated to addressing domestic violence matters.  This attention paid to these offences leads to more scrutiny more careful prosecutions.

That said, every case has to be assessed individually.  Despite the seriousness of these offences, a skilled Domestic Violence Lawyer can still develop a defence strategy to protect your rights if you are facing these types of charges.

What are the Punishments for Domestic Violence in Ontario

Punishments for Domestic Violence matters will vary depending on the particular charge in question and the seriousness of that charge.

Generally speaking, the most serious domestic violence matter, besides murder, would be sexual offences in a domestic relationship.  These offences may trigger lengthy jail sentences.  The least serious domestic offences would be domestic property offences, like Mischief.  These offences may be the subject of diversion, which is a manner of resolving a case without going through the standard court process.