What to Do If You Are Charged With Domestic Assault in Vaughan

An argument with a spouse or partner that escalates into a 911 call is a nightmare for any family in Vaughan. Many people mistakenly believe that the police will simply arrive, calm everyone down, and leave. 🚨 However, Ontario operates under a strict zero-tolerance approach to intimate partner violence, meaning arrests are almost always made.

The immediate aftermath of a domestic charge will completely upend your living situation. It is critical that you do not attempt to contact your partner to “sort things out,” as this will lead to further criminal charges. We highly advise contacting a local Vaughan criminal defence lawyer from our directory. 📝 This guide explains the process and the mandatory policies you must navigate.

Step-by-Step Process in Vaughan, Ontario

From the moment York Regional Police respond to a call in Woodbridge, Maple, or Thornhill, the situation is out of your family’s hands. 📍 The case is immediately handed over to the Crown Attorney’s office at the Newmarket Courthouse.

Step 1: The Arrest and Mandatory Charge Policy

In Ontario, if police respond to a domestic dispute and find reasonable grounds to believe an assault or threat occurred, they must lay a charge. 👮 This is known as the Mandatory Charge Policy. Your partner cannot “press charges,” nor can they ask the police to “drop the charges.” The decision to prosecute rests entirely with the province.

Step 2: Bail and the No-Contact Order

You will likely be held for a bail hearing. When you are released, it will be under a strict Undertaking or Recognizance that includes a mandatory “no-contact” order. 📵 This means you cannot speak to, text, email, or use third parties to contact your partner. You will also be barred from returning to your family home in Vaughan, even to pick up your clothes, unless accompanied by police on a one-time scheduled visit.

Step 3: First Court Appearance and Disclosure

A few weeks after your arrest, you will have your first appearance at the Newmarket Courthouse. 📁 Here, your lawyer will receive the “disclosure” package from the Crown prosecutor. This includes police notes, 911 audio recordings, and witness statements. Your lawyer will review this evidence to determine the strength of the Crown’s case.

Step 4: Considering the PAR Program

For first-time offenders facing minor domestic assault charges, the Crown may offer an early resolution involving the Partner Assault Response (PAR) program. 🤝 This is a specialized 12-week educational counselling program. If you successfully complete the sessions, the Crown prosecutor may agree to resolve the matter with a Peace Bond or a Conditional Discharge, avoiding a permanent criminal conviction.

How Much Does it Cost in Vaughan?

Defending a domestic assault charge requires significant financial resources, especially since you may also be paying for temporary housing. 💵 Here are the typical costs associated with these charges in Ontario:

• Bail Hearing Lawyer Fees: Typically $1,500 to $3,500 CAD to secure your release and negotiate the conditions.
• Case Resolution Fees: If the matter resolves early through a PAR program or Peace Bond, expect legal fees of $3,000 to $6,000 CAD.
• Trial Fees: If you plead not guilty and proceed to a full trial, costs generally start at $10,000 CAD and can go much higher.
• PAR Program Fee: Enrolling in the mandatory counselling program usually costs between $150 and $300 CAD based on a sliding income scale.

How Long Does the Process Take?

Resolving a domestic assault charge requires deep patience. ⏳ Even if the Crown offers a quick resolution, completing the required PAR program takes a minimum of 3 months. If you decide to take the matter to trial at the Newmarket Courthouse to clear your name completely, the entire process can easily take 12 to 18 months from the date of your arrest.

Frequently Asked Questions (FAQ)