Aug 08
Bail for Domestic Violence Charges in Ontario: What to Expect
If you’ve been charged with domestic violence in Ontario, one of the first and most critical steps in your legal journey is securing bail. These cases are taken seriously by police and prosecutors, and obtaining release can come with complex challenges—particularly due to no-contact orders, household restrictions, and the emotional nature of the allegations.
At LZZ Defence, we understand what’s at stake and are committed to helping our clients secure bail quickly and with fair, realistic conditions. In this guide, we explain how the bail process works in domestic violence cases and how an experienced criminal defence lawyer can make a difference.
What Is Considered Domestic Violence?
Domestic violence charges involve allegations of abuse or threats within an intimate or family relationship, including:
- Spouses and common-law partners
- Dating relationships
- Parents and children
- Other household or familial connections
Common domestic charges include:
- Domestic assault
- Uttering threats
- Mischief to property
- Criminal harassment
- Assault with a weapon or causing bodily harm
What Makes Bail More Difficult in Domestic Violence Cases?
While bail is a constitutional right in Canada, the courts treat domestic cases with heightened caution due to the personal and emotional nature of the allegations. Challenges often include:
- Strict No-Contact Orders
The accused is typically ordered to have no communication or contact with the complainant (the alleged victim). This may also include:
- No attending the same home, workplace, or school
- No direct or indirect contact via phone, text, email, or social media
- No contact through third parties
In many cases, this means the accused must move out of the shared home, even if they are the primary leaseholder or property owner.
- Concerns About Recurrence
The Crown may argue that there’s a risk the accused will commit further offences if released. If there’s a history of past domestic disputes or previous police involvement, the court may be more cautious about granting bail.
- Bail with a Surety
In domestic violence cases, the court often requires a surety—a responsible adult who agrees to supervise the accused and ensure they comply with all bail conditions.
What Happens at a Domestic Violence Bail Hearing?
Once arrested, the accused must appear before a justice of the peace within 24 hours. If the Crown consents to bail, release may be relatively straightforward. If not, a contested bail hearing will take place, and the defence must present a strong bail plan.
The court considers:
- The nature and seriousness of the allegations
- The accused’s criminal record (if any)
- The likelihood of reoffending
- The strength of the proposed bail conditions
- The impact on the complainant
How LZZ Defence Advocates for You
Our experienced defence lawyers understand the urgency and complexity of securing bail in domestic violence cases. At LZZ Defence, we:
Develop Strong Bail Plans: We prepare detailed plans that address the Crown’s concerns—often including sureties, residence changes, counselling programs, and no-contact agreements.
Negotiate with the Crown: We aim to get consent for bail and reduce the need for a contested hearing when possible.
Advocate for Reasonable Conditions: Harsh or unrealistic bail conditions can set you up for failure. We fight for conditions that protect your rights and preserve your dignity.
Support You Post-Bail: We continue working with you after bail to address the underlying case and work toward withdrawal, diversion, or acquittal.
What Happens If Bail Is Denied?
If bail is denied, the accused will remain in custody until the trial or until a bail review is successfully filed with the Superior Court of Justice. These reviews are complex and require strong legal submissions.
LZZ Defence: Trusted Representation for Domestic Violence Bail Hearings
We serve clients across:
- Toronto
- Peel Region (Brampton, Mississauga)
- York Region (Newmarket, Vaughan, Markham)
- Durham Region (Oshawa, Ajax, Pickering)
- Hamilton, Burlington, Oakville
Whether you’re facing a first-time domestic assault charge or have been denied bail, our team is ready to act swiftly and protect your rights.
Get Help Now — Your Freedom Depends on It
Domestic violence charges can turn your life upside down—but you don’t have to face them alone. At LZZ Defence, we’re here to help you get released, stay free, and defend your future.
