Domestic Assault Lawyers in Toronto
Charged with domestic assault? Act now and secure a criminal defence lawyer with a proven track record in assault cases.
- Toronto law firm available 24/7
- Thorough and relentless defence strategies
- Outstanding success rate in domestic assault charge defences
- Effective and affordable legal representation
- 5-star rated criminal assault lawyers
Secure experienced legal counsel with a winning history in defending domestic assault charges today.
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Get Legal Representation From Experienced Domestic Assault Lawyers in Toronto
If you’ve been accused of domestic assault, Jonathan Pyzer and the experienced domestic assault lawyers at Pyzer Criminal Lawyers provide the targeted defence you need to protect your future. Our criminal lawyer team has over 20 years of experience handling hundreds of domestic assault cases in Toronto and the Greater Toronto Area.
These charges can severely disrupt your personal life, impacting relationships, employment, and freedom. We understand how these cases are prosecuted and what it takes to challenge weak evidence, unreliable witness testimony, and procedural errors to achieve the best possible outcome.
With a 4.9-star rating and over 150 client reviews, our clients trust us to deliver exceptional legal representation and protect their rights.
Reach out to us today at (416) 658-1818 to schedule your free consultation and start building a solid defence.
What Is Domestic Assault?
The Canadian Criminal Code does not have a specific offence for domestic violence. Most acts of domestic violence are captured under the provisions of various sections of the Criminal Code of Canada, including but not limited to assault (ss. 265–268) and/or sexual assault (ss. 271–273). When we talk about domestic assault charges or domestic assault, it refers to an assault charge in a domestic context.
Domestic assault involves abuse or threats within intimate or family relationships, including spouses, intimate partners, parents, and children. It can be physical, sexual, emotional, or economic, and charges can be laid even if no physical assault has occurred. The Canadian legal system treats these cases seriously due to victim vulnerability and the risk of ongoing violence.
The Role of a Criminal Lawyer in Domestic Assault Cases
Domestic assault cases require immediate legal intervention because they often involve restraining orders, mandatory arrest policies, and complex evidence like 911 calls and witness statements. These cases can escalate quickly through the system, making early legal action critical to protecting your freedom and reputation. Without proper representation, you risk facing jail time, losing contact with family members, and having a permanent criminal record.
Jonathan Pyzer knows how to challenge unreliable witness testimony, expose inconsistencies in complainant statements, and identify violations of your Charter rights during arrest or questioning. His track record includes securing charge withdrawals, peace bonds, and acquittals, even in cases involving serious allegations.
Different Types of Domestic Assault Charges That We Defend Against
Domestic assault charges can be complex, but understanding them is crucial for building your defence. The specific nature of the allegations will determine the exact charge you’re facing. Here’s a breakdown of the most common types of domestic assault charges and how they differ in terms of severity:
Assault (s. 265)
This is the most common type of domestic assault charge. Examples include pushing, shoving, or grabbing someone.
Assault With a Weapon or Causing Bodily Harm (s. 267)
Assault causing bodily harm (ABH) is more serious than simple assault but less severe than aggravated assault, involving significant injuries like black eyes, lacerations, or broken bones, which elevate charges due to their long-term impact on the victim. Assault with a weapon is a grave offence under Canadian law, involving the use, attempt, or threat of a weapon in a domestic context. A weapon can be anything used to cause harm or intimidation, including knives, guns, belts, bottles, or furniture, making the legal definition broad and case-dependent.
Aggravated Assault (s. 268)
Aggravated assault is the most serious form of non-murder-related assault charge in Canada, including domestic assault cases. It involves severe bodily harm or life-threatening actions such as wounding, maiming, disfiguring, or endangering life. Strictly prosecuted, aggravated assault requires clear evidence of grave injuries like deep lacerations, fractures, serious burns, or head trauma that cause lasting physical or psychological impairment.
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Defending Against Domestic Violence & Assault Charges in Toronto
If you have to defend against domestic assault charges in Toronto, you need more than just legal knowledge; you need action. You also need to understand your options. At Pyzer Criminal Lawyers, we put our years of experience to work for you. Our deep understanding of the law means we can quickly analyse your domestic violence case and build a custom-made defence to get you the best possible outcome against the criminal charge.
False Accusation
False domestic assault charges can occur when allegations do not align with the facts, and substantial evidence supports the accused’s innocence. Common scenarios include mistaken identity, verifiable alibis, or digital communication, such as texts or social media posts, that contradict the claims. Successfully defending against false accusations requires a thorough collection and presentation of evidence, highlighting inconsistencies in the accuser’s story or a lack of supporting proof in the criminal case. An experienced lawyer can identify these weaknesses, challenge the credibility of the false complaint, establish reasonable doubt, and build a strong defence to influence the case’s outcome.
Self-Defence, or Defence of a Family Member
Canadian law allows for self-defence or the defence of a family member in domestic assault cases when the accused acted to protect themselves or a relative, like a domestic partner, from imminent harm. This defence is particularly relevant when the alleged victim initiated violence or has a history of aggression. To be effective, it must be proven that the force used was necessary, reasonable, and proportionate to the threat, without exceeding what was required to prevent further harm.
Unintentional/Accidental Harm
A defence of unintentional harm applies in domestic assault cases where physical contact was accidental, not deliberate. In some cases, consent may be relevant if both parties voluntarily engaged in physical contact, but the court must determine whether the incident was truly accidental or intentional.
This defence argues that contact occurred without intent to harm, such as during a reflexive action, an accidental bump, or while preventing danger. To support this claim, clear evidence like witness testimonies, video footage, or expert analysis must show that the incident was accidental and not intentional aggression.
Procedural or Investigative Errors
A defence strategy may focus on procedural or investigative errors in handling domestic assault allegations, such as law enforcement failing to follow protocols, exhibiting bias, or mishandling evidence. These errors can weaken the case against the accused. A thorough review of the investigation process, including evidence collection, preservation, and adherence to the accused’s rights, can reveal significant flaws. If such errors are proven, they may cast doubt on the validity of the prosecution’s case.
Peace Bonds in Domestic Assault Cases
In some domestic assault cases, a peace bond may be an option to resolve the matter without a criminal conviction. A peace bond is a court order requiring the accused to follow certain conditions such as having no contact with the complainant, staying away from a specific location, or attending counselling for up to 12 months.
If the accused agrees to a peace bond, the domestic assault charges are usually withdrawn, meaning no criminal record. This can be a favourable resolution, especially when there is weak evidence, a complainant unwilling to testify, or a low risk of reoffending. Our legal team at Pyzer Criminal Lawyers can negotiate a peace bond as part of your defence strategy, helping you avoid the long-term consequences of a conviction.
Your Legal Rights
If you are arrested and charged with assault, you have several rights enshrined in the Charter of Rights and Freedoms. If the police disobey any of those rights, you may be entitled to a stay of proceedings, which means the charges are no longer against you, the trial is over, and you won’t have the assault charges on your criminal record. The best thing you can do if you are arrested for assault is to remain silent and speak to one of our experienced domestic assault lawyers.
Past Successes in Domestic Assault Cases
Charges Withdrawn
R. v. B.A.
Client was charged with assault with a weapon, two counts of domestic assault, and mischief under $5,000. The complainant, the client’s wife of ten years, alleged the client made a gesture to strike her with a coffee cup during an argument, pulled her hair, punched her in the arm and leg, and smashed her phone. The complainant also reported ongoing concerns to police. The client had no prior police history. We successfully secured approval for diversion, and upon completing the Partner Assault Response program and signing a section 810 peace bond, all charges were withdrawn.
Charges Withdrawn
R. v. M.W.
Client was charged with domestic assault. The Crown alleged that during a verbal altercation at their residence, the client grabbed his wife and punched her in the face numerous times. We successfully negotiated the withdrawal of the charge before trial.
Not Guilty Verdict
R. v. D.M.
Client was charged with domestic assault and mischief under $5,000. The complainant, the client’s partner of eight years who was thirteen weeks pregnant at the time, alleged that during an argument over suspected infidelity, the client pushed her head into a wall and destroyed her cell phone. We represented the client at trial and secured a not guilty verdict on both charges.
Charges Withdrawn
R. v. A.S.
Client was charged with assault. The Crown alleged a verbal dispute with the client’s fiancée escalated to a physical confrontation, during which the client allegedly punched the complainant repeatedly in the face, causing two black eyes. We successfully negotiated the withdrawal of the charge before trial, resolving the matter by way of a section 810 peace bond.
Charges Withdrawn
R. v. D.A.M.
Client was charged with domestic assault. The Crown alleged the client grabbed and bruised her partner using violence. We persuaded the Crown to resolve the matter by way of a section 810 peace bond rather than criminal prosecution, resulting in the withdrawal of the charge before a trial date was set.
Charges Withdrawn
R. v. M.I.S.
Client was charged with domestic assault following an altercation with his girlfriend. A civilian witness alleged they observed the client punch his girlfriend in the back of the head with a closed fist during a public argument. We represented the client at trial and, after the trial had commenced, successfully persuaded the Crown to withdraw the charge.
Words from the Client’s We’ve Defended
I cannot thank Jasmine Mann enough for giving me my life back. I was facing very serious criminal charges that could have destroyed everything I’ve worked for. From the very first meeting, Jasmine was calm, confident, and completely honest with me about what to expect. She listened to my side without judgment, explained every step clearly, and fought relentlessly on my behalf. Thanks to her skill, preparation, and determination in court, ALL of my charges were withdrawn. Walking out of that courthouse a free man felt like being “reborn,” just like she promised was possible on the hardest days. If you’re looking for a criminal lawyer who actually cares, knows the law inside out, and will fight for you like you’re family, Jasmine Mann is the one. She’s not just an excellent lawyer; she’s the reason I get a second chance at life. I will never be able to repay her, but I will recommend her to anyone who needs the absolute best defense. Thank you, Jasmine, from the bottom of my heart.
Second time dealing with Jonathan Pyzer and second time with a favourable outcome. Both Jonathan and Jasmine are great at communicating and explaining exactly what is and can happen. Highly recommend Pyzer Criminal lawyers if you find yourself in trouble with the law. Big thanks to Jonathan and his team!
I had the most positive experience with this business! Jasmine Mann is an out of this world amazing lawyer and I could never thank her and the business enough for there services! Would highly reccomend! Charges were withdrawn from my case! I could never be happier!
Thank you Jasmine Mann✨ you did an amazing job. Thank you Pyzer amazing job
Having never been experienced with the criminal justice system, I had no idea of what to expect. Mr Pyzer made no bones about my case and it's complexities and was very straight with me about what the possible outcomes could be and how we should proceed. He didn't just get a "good" outcome. He got the best possible outcome I could hope for. Very well recommended, and I hope to never see Jonathan in the same circumstances again.
Honestly!! Jasmine words can't explain how grateful and thankful I am for you, helping me with my case. She took her time and went through all of the evidence and came out with a win!!...I highly recommend her!!
Sentences for a Domestic Assault Charge
If you are facing domestic assault charges, the decisions you make now can have a lasting impact. The potential penalties, bail conditions, and long-term impact on your life depend heavily on the specific circumstances of the alleged assault and the strength of the evidence.
Sentences and Penalties
Sentences for a domestic assault charge vary based on the severity of the offence and the accused’s criminal history, ranging from absolute discharges (no jail time) to potential sentences for a domestic assault charge. Factors like the degree of injury and remorse influence sentencing.
Under Section 266 of the Criminal Code, domestic assault can be prosecuted as either a summary or an indictable offence. If the Crown proceeds summarily, penalties can include up to 18 months in jail and/or a fine. If the Crown proceeds by indictment, sentences increase:
- Up to 5 years imprisonment for simple assault
- Up to 10 years for assault causing bodily harm or assault with a weapon
- Up to 14 years for aggravated assault
Domestic assaults are treated more seriously than non-domestic cases, and the Crown often seeks harsher penalties. The best way to reduce or dismiss charges is by hiring an experienced domestic assault lawyer who can build a strong defence. Trust Pyzer Criminal Lawyers to fight for the best possible outcome in your case.
Consequences of a Conviction
If you are convicted of domestic assault or domestic abuse, you will have a criminal record for the rest of your life (unless you successfully apply for a pardon, which is complex and takes many years). Having a criminal record can and will have devastating effects on you and your family. You can run into difficulties crossing the border into the U.S., finding employment, renting a house, volunteering, or pursuing a career in teaching, childcare, or medicine. If you are dealing with family matters in front of the court, such as child custody issues, the family court judge can consider your criminal record as evidence of bad character.
Bail Conditions for Domestic Assault Charges
When arrested for domestic assault, the legal process moves quickly. You face separation from your partner, custody, and a bail hearing within 24 hours. This stage is critical in determining your conditions while awaiting trial. At Pyzer Criminal Lawyers, our domestic assault lawyers have secured bail for clients even in cases involving weapons, injuries, and prior criminal records.
During the bail hearing, the judge may impose conditions to protect all parties. These include no-contact orders, restrictions on returning home, or bans on weapons, alcohol, or drugs. The accused may also need to sign a recognisance agreeing to comply with these conditions. Additional requirements, such as anger management counselling or electronic monitoring, may be imposed. Failure to comply can lead to re-arrest and detention until trial.
If you’ve been arrested, please contact us immediately at (416) 658-1818 to discuss your bail conditions and ensure you have proper legal representation.
Get Help From a Proven Toronto Domestic Assault Lawyer
Being charged with domestic assault is a serious matter that can have lasting effects on your personal and professional life. At Pyzer Criminal Lawyers, we understand the emotional and legal challenges that come with these charges. Jonathan Pyzer and his team have defended hundreds of domestic assault cases across Toronto and the Greater Toronto Area. We help clients avoid criminal records, protect family relationships, and preserve their careers.
Our approach focuses on identifying weaknesses in the Crown’s case, from unreliable witness statements to Charter violations during arrest. We’ve secured charge withdrawals, peace bonds, and acquittals even in cases involving weapons or serious injury allegations.
Call (416) 658-1818 now to schedule your consultation with a trusted domestic assault lawyer.
Get a Free Consultation
We offer a free case evaluation so that we can meet each other and determine how we can get the best outcome with your case. We will help explain your charges to you, explain the possible outcomes that may occur, and what your next steps should be. Call us today to see how we can help you.
Frequently Asked Questions
What’s the difference between assault and domestic violence?
Assault involves force or threats against anyone, while domestic violence occurs within intimate or family relationships and carries stricter bail conditions, harsher sentencing, and long-term effects on custody and immigration. In domestic cases, only the Crown can withdraw charges, not the complainant. Given the severity of these charges, experienced legal advice is crucial.
How much does a domestic assault lawyer cost?
The cost of a lawyer varies based on your case’s complexity, criminal charges, and required defence work. Pyzer Criminal Law typically charges a flat fee retainer, with lower fees if charges are withdrawn and higher fees if the case goes to trial. Since every domestic assault case is unique, it’s best to schedule a consultation for a detailed cost estimate.
What are the factors in having domestic assault charges dropped?
Relevant factors that the Crown Attorney’s Office may take into consideration when deciding whether or not to withdraw a charge include:
- Lack of prior police involvement;
- Repeat incidents of domestic violence, which is an unfavourable aggravating factor for the accused;
- No prior criminal record;
- Lack of injuries;
- The single incident alleged as opposed to multiple incidents;
- No involvement of a weapon;
- No children present in the home;
- No allegations of choking; and
- No allegations of isolating, stalking or controlling behaviour, amongst others, are unique to each fact scenario.
What does it mean if the Crown proceeds by way of indictment?
In Canada, many criminal charges are hybrid offences. This means the Crown prosecutor can choose whether to proceed by summary conviction or indictment. The latter is a more serious process with higher maximum penalties. The exact maximum sentence for an assault charge depends on the severity of the offence. It can range up to 5 years for simple assault or up to 10 or 14 years for the most serious types of assault. If the Crown attorney proceeds by indictment, the accused has the right to a jury trial. However, if you are convicted, you could potentially have greater consequences.
What does it mean if the Crown proceeds summarily?
Summary conviction offences are less severe crimes under the Criminal Code, typically punishable by a fine of up to $5,000, six months in jail, or both, without requiring fingerprinting. However, a criminal record for assault, especially domestic assault, can have serious consequences, affecting employment, education, travel (particularly to the U.S.), and family law matters. Convictions may also result in restrictive conditions, such as bans on returning home or contacting family members during sentencing and probation. Navigating the justice system can be challenging, so securing legal representation is crucial. Contact us today for a free consultation.
