Domestic Violence Lawyer Toronto: Defence for Domestic Assault Charges

Charged with Domestic Violence in Ontario: What Happens Next

An accusation of domestic violence can turn your life upside down in a single evening. Police are called, someone is arrested, and within hours you may be out of your home, barred from contacting your family and facing a criminal charge. If this has happened to you, your first step is to find a domestic violence lawyer Toronto families can reach at any hour, one who understands how these cases really unfold and can act quickly.

Neuberger & Partners LLP is a Toronto criminal defence firm. Since 1993, our lawyers have defended people accused of domestic assault and related offences across the Greater Toronto Area. This page explains how these charges work, what to expect in the first days, and how a defence is built. It is general information, not legal advice for your situation.

If you or someone else is in immediate danger, call 911 now.

What Counts as a Domestic Violence Offence?

Domestic violence is not a single offence in the Criminal Code. It is a label for charges that arise between people in a relationship, such as spouses, common-law partners, dating partners, former partners or family members living together. The label matters because it changes how police, prosecutors and judges treat the case from the first phone call. Whether you search for a domestic violence lawyer or a domestic abuse lawyer Toronto offers, the charges described below are the same.

Charges for domestic abuse that we commonly defend include:

• Assault, assault causing bodily harm and assault with a weapon
• Criminal harassment
• Uttering threats, including threats of death or bodily harm
• Forcible confinement and unlawful confinement
• Mischief, where property is said to have been damaged during an argument
• Sexual assault within a relationship
• Breach of a release order, probation order or no-contact condition

The range of allegations is wide, but the common thread is that every one of these charges carries serious consequences if a court finds you guilty. Our work on violent offences and sexual allegations often overlaps with domestic cases, because the same relationship can produce several charges at once.

The First 24 to 72 Hours After an Arrest

The first days are the most dangerous part of a domestic case, mostly because people make avoidable mistakes under stress. Here is what usually happens.

At the scene and at the station

Police attend, speak with everyone present, and often make an arrest at the scene. You may be taken to a police station, searched, photographed and fingerprinted. Officers will invite you to give a statement. You are not required to give one, and anything you say can be used against you. The safest course is to say that you want to speak to a lawyer and then stay silent.

The bail hearing

If you are not released by police, you will be held for a bail hearing, usually within a day. This is where the first critical decisions are made about where you will live and whether you can contact your family. Our criminal defence lawyers are available 24 hours a day for urgent bail hearings.

Do not contact the complainant

Many people are released on conditions that forbid any contact with the person who called police. Even a friendly text message or an apology can lead to a new charge of breaching your conditions. Do not contact the complainant directly or through friends and relatives until your lawyer has reviewed your release order.

Bail, Release Conditions and No-Contact Orders

Bail in Ontario is governed by the Criminal Code. In most cases the Crown must justify keeping you in custody, but in some situations, such as where a person has a prior conviction for violence against an intimate partner, the burden shifts to the accused. A court may release you on your own promise, on a bond, or with a surety, who is a person who agrees to supervise you and pledge money if you break the terms.

Release orders in domestic cases usually include several of the following terms:

• No contact, direct or indirect, with the complainant
• A condition to stay away from the family home and the complainant's workplace
• A curfew or a requirement to live at a named address
• A ban on possessing weapons or firearms

These conditions can be harsh, especially when children, a shared home or a family business are involved. They can often be varied later, for example to allow safe, supervised communication about children. Our Toronto bail lawyers act quickly to seek release, reverse a denial of bail and negotiate workable terms.

How Police and Prosecutors Treat Domestic Cases

It is the general policy of government and law enforcement to make an arrest when police are called to the scene of alleged domestic violence. Even where there is little evidence of real wrongdoing, an accusation alone can be enough for a charge to be laid.

Once charges are laid, the decision to prosecute belongs to the Crown, not to the complainant. Many people are surprised to learn that a complainant who later wants the matter dropped cannot simply withdraw it. Prosecutors apply mandatory charge and prosecution policies, and they often continue even when the complainant is reluctant to cooperate. A lawyer who understands how local Crown offices assess these cases can sometimes persuade the Crown to withdraw or resolve a charge early, but this depends entirely on the evidence and the circumstances.

Defences and How a Case Is Built

There is no standard defence to a domestic assault charge. Each case turns on its own evidence, and a good defence begins with a detailed investigation rather than assumptions. Our approach includes the following steps.

1. Disclosure review. We examine every page of the Crown's evidence, including police notes, 911 recordings, photographs, medical records and witness statements, looking for inconsistencies and gaps.
2. Independent investigation. We work with private investigators, forensic experts, and technology and social-media experts. We review emails, text messages and chat history that can undermine an allegation or show what actually happened.
3. Charter issues. We assess whether your rights were respected, including your right to speak to a lawyer, protection from unreasonable search and the way a statement was taken.
4. Credibility and reliability. Many domestic cases come down to one person's word against another's. Skilled cross-examination tests the complainant's account against the documents and other evidence.
5. Self-defence and context. Where the facts support it, we raise self-defence, accident or the absence of the required intent.

Our lawyers spend a great deal of time preparing clients for the trial process, including how to give evidence and face cross-examination. In past cases, hard work has uncovered fabrications and shown at trial that the allegations were false. We cannot promise any result, but we can promise a thorough and honest defence.

When Criminal Charges and Family Court Overlap

Allegations of domestic abuse and criminal harassment often arise during or just before the breakdown of a marriage or common-law relationship. A person charged is typically removed from the home and may face restrictions that affect custody and access. Unfortunately, criminal charges are sometimes used as leverage in a family court proceeding.

The criminal case and the family case affect each other. What is said in a family court affidavit may be used in the criminal trial, and the reverse is also true. That is why we review the family court pleadings, affidavits and examinations as part of the defence, and why we work with family law counsel. If you need a family law lawyer who handles high-conflict separations, we can refer you to one. You should never give evidence in one court without understanding how it affects the other.

Consequences of a Domestic Violence Conviction

A conviction can reach far beyond the sentence handed down in court. Depending on the charge, a finding of guilt can lead to:

• A criminal record that appears on background and vulnerable-sector checks
• Jail, a conditional sentence, probation or a combination of these
• Firearms and weapons prohibitions
• Restrictions on contact with your children and family
• Difficulty keeping a job, especially in regulated or security-sensitive work
• Serious immigration consequences for permanent residents and other non-citizens, including the risk of removal from Canada

Because the stakes are so high, it is rarely wise to plead guilty quickly just to make the problem go away. Speak to a lawyer for domestic violence charges before you decide anything.

Peace Bonds and Other Ways a Case Can Be Resolved

Not every domestic case ends in a trial, and not every trial ends in a conviction. Depending on the evidence, a charge can be resolved in several ways.

Withdrawal or stay. If the evidence has serious weaknesses, the Crown may withdraw the charge. Withdrawals are often the result of detailed advocacy and a careful presentation of the defence position.

Peace bond. A peace bond is a court order, under section 810 of the Criminal Code, in which a person promises to keep the peace and follow conditions for up to a year. It is not a finding of guilt, and a successful peace bond can lead to the criminal charge being withdrawn.

Acquittal at trial. The Crown must prove guilt beyond a reasonable doubt. If the evidence does not meet that standard, the court must acquit. Our firm has a record of results at trial, and Joseph Neuberger has conducted more than 150 jury trials.

Which path is right for you depends on the strength of the case, your priorities and your risk tolerance. We explain every option plainly so that you make the decision, not the pressure of the moment.

Domestic Violence Lawyer Toronto: Why Choose Neuberger & Partners LLP?

Hiring a lawyer is a decision you want to get right the first time. Here is what you can expect from us, using only what the firm already publishes about its record.

Joseph A. Neuberger was called to the bar in 1993. He is a Certified Specialist in Criminal Law, certified by the Law Society of Ontario, holds a master's degree in law and is a published author. His cross-examinations have resulted in over 1,000 acquittals and withdrawals, and the firm has been recognized among Canada's Top Criminal Law Boutiques. In 2026 the firm was named an Excellence Awardee at the Canadian Law Awards presented by Lexpert.

Domestic cases are a particular focus of the firm, together with sexual assault and other violent crimes. Our sex crimes and domestic offences team has defended high-profile and complex cases at every level of court, and our work in sexual assault and related offences informs how we examine credibility in intimate-partner cases. You can see examples of past results on our recent successes page, keeping in mind that every case is different and past results do not predict future outcomes.

We also write about these issues regularly. Our articles on domestic violence law explain how the courts handle common problems. Clients tell us that what matters most is being heard, having a clear plan and having a team that is reachable. We take both parts of that seriously: strong defences, and support through some of the most stressful weeks of your life.

Take the Next Step Today

If you have been charged, or you think police may charge you, do not wait. Whether you are facing one charge or several, the sooner a lawyer is involved, the more options you have for bail, for dealing with police and for protecting evidence. Speak to a domestic violence lawyer Toronto clients can call today: phone 416-364-3111 or contact the firm online to arrange a consultation. We will listen to your story, review the charges and explain your options and risks in plain language.