Spousal Assault

Spousal assault is one of the most serious charges within Canadian criminal law, and courts treat it with the utmost gravity. Unlike minor disputes or disagreements within a household, spousal assault allegations involve physical, or attempted physical violence between intimate partners. In Canada, spousal assault is not a separate offence under the Criminal Code but falls under the general category of assault. However, when the complainant is a spouse, common-law partner, or dating partner, police, prosecutors, and judges often apply stricter policies and penalties.

What Constitutes Spousal Assault?

Spousal assault occurs when one partner uses intentional force against the other without consent. This can take many forms, such as:

• Physical violence, including hitting, pushing, or restraining
• Threats of violence that cause the partner to fear for their safety
• Assault with a weapon, such as using a household object to cause harm
• Intimidation coupled with physical aggression

Even minor acts, such as grabbing an arm during an argument, can be classified as assault if the partner did not consent. The law focuses on the unwanted use of force, not just the severity of injury.

Zero-Tolerance Approach in Canada

Canadian courts and law enforcement agencies have adopted a “zero-tolerance” approach to spousal assault. This means that when police receive a complaint, they are generally required to lay charges if there are reasonable grounds to believe an assault occurred. Once charges are laid, it is up to the Crown, not the complainant, to decide whether the case proceeds.

This policy is designed to protect victims of intimate partner violence, but it also means that individuals can face charges even when the complainant later wishes to withdraw their statement.

The Legal Consequences of Spousal Assault

The penalties for spousal assault in Canada vary depending on the severity of the incident and whether aggravating factors are present. Possible outcomes include:

• Summary conviction: For less severe cases, penalties may include fines, probation, or up to two years less a day in jail.
• Indictable offence: For more serious cases, maximum penalties can include up to five years in prison, or even longer if weapons or significant injuries are involved.
• Mandatory conditions: Individuals charged are often subject to strict bail conditions, including no-contact orders, restrictions on returning home, and firearms prohibitions.

A conviction also results in a permanent criminal record, which can affect employment, immigration status, and child custody proceedings.

No-Contact Orders and Family Impact

One of the most immediate consequences of a spousal assault charge is the imposition of a no-contact order. This prevents the accused from communicating with the complainant directly or indirectly. In many cases, this means being unable to return to the family home, even if the complainant wishes for contact.

These restrictions can cause significant disruption to families, particularly when children are involved. Courts may permit contact through family lawyers or third parties for matters relating to children, but the restrictions remain strict until varied or lifted by a judge.

Defending Against Spousal Assault Charges

Being accused of spousal assault is overwhelming, but there are legal defences available depending on the circumstances:

• Self-defence: If the accused was defending themselves from violence or the threat of violence, this may be a valid defence, provided the force used was reasonable.
• Lack of intent: Assault requires intentional application of force. If the act was accidental, such as bumping into someone during an argument, the charge may not hold.
• Credibility issues: Courts examine the reliability and consistency of the complainant’s testimony. Inconsistencies or lack of corroborating evidence can weaken the Crown’s case.
• False allegations: Unfortunately, in some cases, spousal assault allegations are made falsely, sometimes during contentious family law disputes. A defence lawyer can highlight these issues.

The Importance of Legal Representation

Spousal assault charges require a tailored defence strategy, as the stakes are high and the Crown aggressively prosecutes these cases. A criminal defence lawyer can:

• Review disclosure and evidence to identify weaknesses in the Crown’s case
• Challenge unlawful police procedures, such as improper arrests or Charter breaches
• Negotiate with prosecutors to reduce charges or agree to alternative resolutions
• Represent the accused in trial if the case cannot be resolved otherwise

In some cases, resolution may involve peace bonds, counselling programs, or diversion options that avoid a criminal conviction.

Long-Term Implications of a Conviction

A spousal assault conviction can have long-term effects far beyond the criminal justice system. These include:

• Barriers to employment in sectors requiring background checks
• Inadmissibility for travel to certain countries, including the United States
• Impacts on custody or access rights in family law proceedings
• Lasting stigma and reputational harm within the community

This is why it is essential for anyone charged with spousal assault to take immediate steps to defend themselves.

What To Do If You Are Charged with Spousal Assault

If you have been charged, the most important actions include:

• Complying fully with all bail conditions to avoid further charges
• Avoiding communication with the complainant, even if they attempt contact
• Seeking immediate legal advice to understand your rights and options
• Preserving any evidence, such as text messages or witness statements, that may support your case

Taking these steps early on can help strengthen your defence and protect your future.

Contact Us for a Free Consultation

If you are facing a spousal assault charge, it is critical to have an experienced lawyer on your side. A conviction can have lifelong consequences, but the right defence can make all the difference. Contact us now to schedule a free, confidential consultation with De Boyrie Law.