Affordable Domestic Violence Lawyers in Ottawa

Facing domestic violence charges in Ottawa can be overwhelming, with severe legal consequences and lasting damage to your reputation—even from a mere allegation.

Ontario courts take domestic assault cases seriously, often leading to strict bail conditions, no-contact orders, and potential jail time.

At Affordable Defence, we provide skilled legal representation to protect your rights, challenge the prosecution’s case, and fight for the best possible outcome. Whether you’ve been falsely accused or need strategic defence against domestic violence charges, our experienced lawyers will guide you through the legal process and work toward minimizing penalties or securing a case dismissal.

Understanding Domestic Violence Charges in Ottawa

Domestic violence charges in Ottawa encompass a wide range of alleged offences involving intimate partners, family members, or household members. These charges can include:

• Physical violence (hitting, kicking, punching, pushing, stabbing)
• Criminal harassment (stalking, repeated communication, threats causing fear)
• Threats of death or bodily harm
• Watching or besetting a complainant’s home or workplace

Ontario enforces a zero-tolerance policy on domestic violence, making these cases a top priority for police and prosecutors. Law enforcement is required to lay charges if any credible evidence exists—regardless of the alleged victim’s wishes. Even if the complainant later recants or requests that charges be dropped, the Crown will typically proceed with prosecution.

If you have been accused of domestic assault, you need experienced legal representation immediately. The Affordable Defence team will fight to protect your rights, challenge the evidence against you, and pursue the best possible outcome for your case.

What is domestic assault in Ontario?

The Canadian criminal code does not specifically address family violence as a separate offence, although the crime of assault is clearly defined:

265 (1) A person commits an assault when

• (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
• (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
• (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

This ranges from a fistfight where nobody is seriously injured to an organized assault with a deadly weapon that results in maiming or disfigurement. When the violence is directed against a family member or someone with whom you share a domestic relationship, it is considered “domestic assault”. Law enforcement in Ottawa will take it extremely seriously and an arrest will likely be made.

Types of Domestic Assault Charges in Ontario

Domestic assault charges in Ontario go beyond simple assault or uttering threats—they can escalate in severity based on the circumstances of the alleged offence. Depending on the nature of the incident, you could face one of the following serious charges:

Assault with a Weapon

This charge applies when an assault involves using an object to threaten or cause harm. A “weapon” doesn’t have to be a firearm or knife—it can be any object used to intimidate or inflict injury, such as a household item or tool. A conviction can result in a significant prison sentence.

Assault Causing Bodily Harm

Even if no visible injuries occur, you can still be charged with assault. However, if physical harm is inflicted, the charge escalates to assault causing bodily harm, which carries harsher penalties, including potential jail time. The severity of the injury directly impacts sentencing.

Aggravated Assault

This is one of the most serious assault charges in domestic violence cases. You may be charged with aggravated assault if the alleged victim suffers wounds, disfigurement, maiming, or life-threatening injuries. This charge is always treated as an indictable offence, carrying a maximum sentence of up to 14 years in prison.

Sexual Assault

Sexual assault in a domestic context does not require physical harm, but it does involve non-consensual sexual activity. Convictions for sexual assault can lead to severe legal consequences, including mandatory registration as a sex offender and lengthy prison terms.

Each of these charges carries severe legal and personal consequences, making experienced legal representation crucial. Affordable Defence provides skilled and strategic defence for those accused of domestic violence in Ottawa, ensuring your rights are protected throughout the legal process.

Consequences of Domestic Assault Conviction

A domestic assault conviction in Ontario can have long-lasting legal, personal, and professional repercussions. Even a mere allegation can damage your reputation, while a conviction can alter your future in ways you may not expect. Below are some of the most serious consequences you may face:

Legal & Criminal Consequences

• Criminal Record – A conviction results in a permanent criminal record, affecting many aspects of your life.
• Police Records – You will be photographed and fingerprinted, with these records stored in police databases.
• DNA Sample Collection – You may be required to provide a DNA sample for the National DNA Data Bank of Canada.
• Firearms & Weapons Restrictions – A mandatory weapons forfeiture order (s.491 of the Criminal Code) and a possible firearms prohibition order (s.110 of the Criminal Code) may be imposed.
• Bail & Probation Conditions – If released on bail or placed on probation, you may face strict conditions, including no-contact orders with the complainant or even your own children.

Impact on Employment & Career Opportunities

• Many employers conduct background checks, and a criminal record could prevent you from securing certain jobs.
• Professional licenses and training programs may be denied due to your record.
• Volunteer opportunities, especially those involving youth or vulnerable persons, may be off-limits.

Housing & Travel Restrictions

• Landlords may refuse to rent to individuals with a criminal record.
• A conviction can bar you from entering the United States and other countries, making travel difficult.

Immigration Consequences

• Non-citizens could face deportation and denial of Canadian citizenship applications.
• You may be held in custody until your deportation date.

Personal & Family Impact

• Domestic assault charges often lead to relationship breakdowns, even if divorce or separation wasn’t initially considered.
• You may lose custody or access to your children if the Court deems you a risk.
• Social stigma can strain relationships with friends, family, and future partners

Possible defence to a domestic assault charge in Ontario

Charges of domestic assault are highly emotional and stressful for those involved. During divorce cases especially, emotions such as anger and jealousy can lead to false allegations being made.

Defences against domestic assault often centre around the credibility of the complainant’s story when compared with the available evidence, such as witness testimony, phone records, video evidence, etc.

Another of the best defences is self-defence, though this can only be successfully argued when:

• Force is being used against you, or you had reasonable grounds to believe that force would be used against you;
• Your response to the threat was for the purpose of defending or protecting yourself from the threat or use of force;
• Your response was reasonable in the circumstances (depending on proportional force being used, your size compared to the complainant, and whether you were intoxicated at the time)

Violation of your Charter Rights by law enforcement is another commonly used defence in domestic assault cases. This can often lead to evidence being excluded and the prosecution’s case being severely weakened.

Can I get my domestic violence charges dropped in Ontario

The person who accuses you in a domestic assault case cannot get the charges dropped even if they withdraw the complaint.

The Crown Attorney will decide whether to charge you or not and the original complainant can even be subpoenaed to appear in court to give evidence against their will.

So, the only way to get domestic violence charges dropped and avoid a criminal charge is by one of the following methods:

• A statutory or common law peace bond – you must agree to abide by certain court-ordered conditions for a set period of time
• Obtaining a discharge – in exchange for pleading guilty to a charge, you make a deal with the Crown Prosecutor to join you in an application for discharge prior to trial (only possible if you can prove that this is not contrary to the public interest)

The only other way to avoid a criminal record is to go to trial and be acquitted.

What is an emergency protection order?

An emergency protection order (EPO) may be ordered by a judge in the case of alleged domestic assault.

Contact Affordable Defence Now

If you have been charged with domestic assault or a related crime in Ontario, get experienced defence. Contact us at Affordable Defence at 613-223-4089 for a free consultation to discuss your case and receive advice on how best to proceed.

Our Ottawa lawyers handle domestic violence  & domestic assault cases with discretion for the sake of our clients’ protection.