Assault in Canada encompasses any intentional application of force to another person, including a gesture. If done in self-defense the act is not an offence (as long as the degree of force used is not unreasonable). Sometimes consent is also a defence. Assault causing bodily harm and assault with a weapon are much more serious.

If you are charged with a minor assault your lawyer may wish to explore the possibility of a common law or s. 810 peace bond. A peace bond does not result in a criminal record of a finding of guilt or conviction unless you breach the peace bond.

Domestic violence is totally unacceptable in Canada. A man who has possibly assaulted his spouse can expect to be arrested, held overnight in jail, and brought to court the following working day in custody for a bail hearing. The man will find it difficult to obtain release unless he can demonstrate a stable alternative address, arrange for a relative (not his spouse) or friend to be a surety, and undertake to obey certain rigorous conditions including non-association with the spouse and non-attendance at his former home. He or his relatives should immediately retain both criminal law and family law counsel (i.e. a lawyer). The spouse who is the alleged victim should also immediately obtain counsel.

It is often a good idea to attend at a doctor's office or emergency clinic immediately following the incident so that your injuries (alleged perpetrator or victim) can be documented. Photographs of injuries may also be helpful.

See also: How to Write a Character Reference Letter for Criminal Law Sentencing

If you have any questions please contact Mr. Taylor directly by phone toll-free at 1-877-753-9180 at any time.


Taylor Law Office
501 Stewart Avenue
Nanaimo, BC Canada
V9S 4C8 


Phone: 250-753-9180

Toll Free: 1-877-753-9180

Fax: 250-753-9186

Email: info(at)

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