Understanding the Connection Between Domestic Assault and Restraining Orders
Domestic assault charges often go hand in hand with restraining orders in Ontario. When allegations of violence or threats arise within a family or intimate relationship, courts and complainants frequently seek protective measures to ensure safety. A restraining order can significantly affect the life of the accused, restricting contact with the complainant and sometimes with children or other family members. For anyone charged with domestic assault, understanding how restraining orders work and how they impact your rights is essential.
What Is a Restraining Order?
A restraining order is a court order designed to protect someone from harassment, threats, or violence, usually within the context of family or domestic relationships. Unlike peace bonds or bail conditions, restraining orders are civil in nature and are often sought through family court. They can apply to spouses, former partners, and individuals who share a child. In domestic assault cases, restraining orders are frequently used alongside criminal proceedings, adding another layer of restrictions on the accused.
How Restraining Orders Differ from Bail Conditions
When someone is charged with domestic assault, the criminal court typically imposes bail conditions. These may include no contact with the complainant, not attending the family home, or restrictions on communication. A restraining order, on the other hand, is sought separately through family court. While bail conditions end when the criminal matter is resolved, restraining orders can remain in place for longer periods, sometimes indefinitely. It is important to recognize that violating either bail conditions or restraining orders is a criminal offence and can result in further charges.
When Are Restraining Orders Issued in Domestic Assault Cases?
Restraining orders are generally issued when a complainant fears for their safety or the safety of their children. In cases of domestic assault, the complainant may apply for a restraining order while the criminal case is ongoing. The court will consider whether there is reasonable cause to believe that protection is needed. Even if the accused denies the allegations, the court may still impose a restraining order if there is enough evidence of risk. This means that individuals can face both criminal restrictions and civil orders at the same time.
What Restrictions Do Restraining Orders Impose?
Restraining orders can impose a range of restrictions depending on the circumstances. Common terms include prohibiting the accused from contacting or communicating with the complainant, staying away from the complainant’s residence, workplace, or school, and avoiding certain family members. In some cases, restraining orders extend to children, limiting or preventing access. These restrictions can create significant challenges, particularly when custody or family law proceedings are involved.
Consequences of Violating a Restraining Order
Breaching a restraining order is a criminal offence in Canada. If an accused person ignores the terms of the order, they can be arrested, charged, and face additional penalties, including fines, probation, or jail time. Courts treat breaches very seriously because they undermine the protective purpose of the order. Even accidental or unintentional contact, such as a text message or social media interaction, can be considered a violation. This is why it is critical for accused individuals to fully understand the terms of the restraining order and seek legal guidance to avoid breaches.
Interaction with Family Law Matters
Restraining orders often overlap with family law issues. For parents facing domestic assault charges, a restraining order may directly affect custody and access to children. Courts prioritize the safety of children and may restrict or supervise access if there are concerns of violence. This can complicate ongoing family law disputes and prolong the process of regaining contact with children. Because of this, accused individuals must consider both the criminal and family law implications of restraining orders.
How a Defence Lawyer Can Help
A domestic assault lawyer plays a vital role in navigating both the criminal charges and any restraining orders. A civil lawyer can challenge the necessity of overly broad restrictions, negotiate terms that allow for reasonable access to children, and a criminal lawyer can ensure that bail conditions and restraining orders do not conflict. In some cases, a civil lawyer can argue against the imposition of a restraining order by presenting evidence of low risk or by highlighting alternative arrangements that protect safety while preserving family relationships. Skilled representation is crucial to minimize the long-term impact of these orders.
Long-Term Effects of Restraining Orders
Restraining orders can have lasting effects even after a domestic assault case concludes. They may affect employment, especially in jobs requiring background checks, and can limit the ability to travel or participate in certain activities. They can also influence future family law proceedings, as judges often consider past restraining orders when making decisions about custody or access. For this reason, it is important not to underestimate the consequences of restraining orders and to address them proactively with legal support.
Schedule a Free Consultation with De Boyrie Law
If you are facing domestic assault charges, professional legal advice is essential. Contact us now to schedule a free, confidential consultation. We will review your case, explain how restraining orders may affect you, and develop a strategy to protect both your rights and your future.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
