You and your spouse have been married for some time, you have a young child, and you live together in the same home. Over time, the relationship has become strained, with frequent arguments and escalating conflict.
One day, during an argument, things escalate and you slap your spouse across the face. Your spouse calls 911. Police arrive shortly after, and you are arrested and charged with assault. Domestic assault situations like this are taken seriously by police and the courts, even if the incident appears isolated or occurred in the heat of the moment.
Domestic assault is not a separate offence under the Criminal Code. It is prosecuted under the general assault provisions in section 265 of the Criminal Code of Canada but flagged as “domestic” because of the relationship between the parties.
What happens after a domestic assault arrest?
In most domestic cases, police follow a structured process once they attend the scene:
- You are taken into custody and transported to the police station
- You are fingerprinted and photographed
- Police review the allegation and any prior history
- A decision is made about release or whether you must attend a bail hearing
In many cases, police may release you directly from the station on a Form 10 (Undertaking), with conditions attached. These conditions often include no contact with the complainant and no attendance at the shared residence. In other situations, police may not release you at the station. Instead, you will be held for a bail (“show cause”) hearing, where a Justice of the Peace or judge will decide whether you should be released and under what conditions.
Release conditions and immediate consequences
If you are released, whether on a Form 10 or after a bail hearing, strict conditions are usually imposed. These may include:
- No contact with your spouse or partner
- No attendance at the shared residence
- Restrictions on communication, including indirect contact
- Conditions affecting parenting time or access to your children
- Requirements to live at an alternate address
For many people, this can result in being unable to return home and being separated from their children, at least temporarily.
These conditions are legally binding. Any breach can result in additional criminal charges.
The bail (“show cause”) hearing
If you are not released at the police station, you will remain in custody and attend a bail hearing. At this stage, the court will decide whether you should be released and, if so, under what conditions. The court will consider factors such as:
- The seriousness of the allegation
- Any prior criminal record
- The safety of the complainant
- Whether there is a suitable surety
- Whether release conditions can adequately manage risk
Strong release plans and appropriate sureties can play a significant role in the outcome of a bail hearing.
What happens after release?
Once release is granted, the case proceeds through the criminal court process, which typically includes:
- Disclosure (police reports, witness statements, photos, and other evidence)
- Court appearances
- Resolution discussions between defence counsel and Crown
- Pre-trial meetings to narrow issues and explore outcomes
- Trial, if the matter is not resolved
Many domestic assault cases are resolved without a trial, depending on the evidence and the circumstances of the case.
What you should do immediately
If you are charged with domestic assault, early steps are critical. You should:
- Follow all release conditions strictly
- Avoid any contact with the complainant unless legally permitted
- Keep records of relevant messages or events
- Attend all court dates
- Seek legal advice as early as possible, especially before a bail hearing
The first 24–48 hours of a case can have a significant impact on your living arrangements, your ability to see your children, and the overall direction of the case.
Moving forward
A domestic assault charge is serious and can have immediate consequences on your family life and living situation. However, every criminal case turns on its own facts, the available evidence, and how the matter is presented in court. While being charged is serious and often overwhelming, it does not determine the outcome of the case.
At Escudero Law, the focus is on providing clear, practical guidance and strong defence representation at every stage of the process—from bail through to resolution or trial. If you are facing a criminal charge, obtaining early legal advice can make a significant difference in how your case is managed and resolved.