Facing a domestic assault charge in Ontario can feel like your world is turning upside down. The moment you’re charged, your freedom, your relationships, and your future are all at risk — and the legal process does not move quickly, adding to the stress arising from uncertainty.
At The Law Office of Amy Osman, we believe everyone deserves a strong defence — no matter the charge. We don’t judge – we defend. With decades of experience, a compassionate and empathetic approach, Amy Osman is a trusted criminal defence lawyer in Windsor who fights for your freedom with precision and persistence — especially when everything’s on the line.
If you’ve been charged with domestic assault, here’s what you need to know right away.
What Is Domestic Assault in Ontario?
In Canada, domestic assault falls under the general category of assault in the Criminal Code, but it is treated more seriously due to the personal nature of the relationship between the accused and the complainant.
A domestic assault charge may arise in any intimate or family relationship, including:
- Spouses or common-law partners
- Dating relationships
- Parents and children
- Siblings
- Extended family members living in the same household
Even a minor physical altercation or threatening gesture can lead to a domestic assault charge. There does not need to be a visible injury, and sometimes, no physical contact at all — a raised voice or a threatening motion may be enough if the other person felt threatened or believed that physical violence was imminent.
Domestic violence is further defined in Ontario’s laws governing domestic violence under the Domestic Violence Protection Act which can be read here: https://www.ontario.ca/laws/statute/s00033
This law allows a complainant to apply for an intervention order or an emergency intervention order.
What Happens After You’re Charged?
Once a complaint is made and police determine that an assault may have occurred, you will likely be arrested on the spot. In domestic cases, Ontario law and police protocols require that charges be laid if there is reasonable belief an assault took place. Even if the complainant later changes their mind, the Crown may still proceed with prosecution.
After your arrest, you may be:
- Released with conditions (such as no contact with the complainant);
- Held for a bail hearing; or
- Given a court date for your first appearance
Common bail conditions include:
- No contact with the complainant (even through a third party)
- Not attending the family home
- Restrictions on communication or proximity
Breaching any of these conditions is a criminal offence and can result in additional charges — so it’s essential to fully understand them.
First Steps to Take After Being Charged
There are several important things to keep in mind from the start.
1. Do Not Contact the Complainant
Even if you feel the incident was misunderstood or exaggerated, reaching out could be seen as intimidation. Further, you will almost certainly be on conditions not to contact the complainant and doing so could lead to additional charges for breaching those conditions, which is a separate criminal offence. Even if the complainant is reaching out to you and trying to make contact with you, do not respond. Let your lawyer handle any communications legally and safely.
2. Write Down Everything
Document the events leading up to, during, and after the alleged assault. Memories fade quickly, and small details may be important to your defence later. If it is easier to make an audio recording of your version of events, then do so. Whatever method you choose, be sure to capture what happened from your perspective ASAP.
3. Secure Legal Representation Immediately
This is not the time to delay or try to figure things out on your own. The right legal advocate can help preserve your rights, negotiate terms, and begin building a strategic defence.
Why You Need a Criminal Defence Lawyer Right Away
The consequences of a domestic assault conviction in Ontario can be severe:
- A permanent criminal record
- Jail time or probation
- Loss of child custody or visitation rights
- Restrictions on immigration or travel
- Damage to your reputation and relationships
- Job loss or professional licensing issues
You don’t need to navigate this alone.
At The Law Office of Amy Osman, we understand what’s at stake. As a criminal defence lawyer in Windsor, Amy offers thoughtful, non-judgemental legal support and a deep understanding of both the legal system and the emotional toll of being charged.
Whether you’re a long-time resident or new to Canada, Amy can also help if your immigration status may be impacted by your charge. Learn more about our approach here.
What Amy Osman Can Do for You
When you’re facing a domestic assault charge, every decision matters. Here’s how we support you:
- Review all evidence and identify weaknesses in the Crown’s case
- Challenge witness credibility and ensure proper police procedure was followed
- Negotiate with the Crown to seek withdrawals, peace bonds, or reduced charges
- Represent you in court with confidence and care
- Help you understand how this affects other areas of life — including immigration, parenting, and employment
Frequently Asked Questions (FAQ)
What if the complainant wants to drop the charges?
In domestic cases, it’s not up to the complainant. The Crown decides whether to proceed. However, an experienced lawyer can explore resolutions that may involve the complainant’s input, like a peace bond or diversion, both options which resolve the issue without you getting a criminal record.
Will I go to jail?
Not necessarily — especially if it’s your first offence. There are a range of outcomes possible depending on the circumstances, evidence, and your legal defence.
Can this affect my immigration status?
Yes. Criminal charges can impact permanent residency, work permits, or citizenship applications. As an immigration lawyer in Windsor, Amy Osman understands how criminal and immigration law intersect — and how to protect your future.
Compassionate Legal Support. Relentless Defence.
When you’re charged with domestic assault, it might feel like your entire life is under attack. But remember: being charged is not the same as being guilty.
At The Law Office of Amy Osman, we know how high the stakes are — and how easily lives can be changed by a single misunderstanding or heated moment. We’re here to give you more than just a legal defence — we offer trusted guidance, honest answers, and relentless advocacy.
- Trusted defence when everything’s on the line.
- We don’t judge – we defend.
- Fighting for your freedom with precision and persistence.
Call Now for Immediate Help
If you or someone you love has been charged with domestic assault, don’t wait.
- Call or WhatsApp: 519-253-4662
- Visit: www.osmanlaw.ca
- Serving Windsor and all of Ontario
You deserve to be heard. You deserve to be defended.
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