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By LegalMatters Staff • Domestic assault encompasses various forms of physical and emotional violence, threats or abuse within familial or intimate partner relationships. It can include sexual assault, harassment, stalking or financial control.
“While there isn’t a specific ‘domestic assault’ offence in the Criminal Code, there are a variety of charges that may be applicable,” says Ottawa criminal lawyer Céline Dostaler.
“If you verbally threaten someone in your household, you can be charged with uttering threats, which carries a maximum sentence of five years in prison. If you physically attack someone, or even just threaten physical contact, you can be charged with assault, which also carries a five-year maximum penalty,” she says.
“Emotional abuse is a form of domestic assault,” Dostaler says. “It occurs when a person uses words or actions to control, frighten or isolate someone or take away their self-respect.”
She says a domestic assault conviction can have severe consequences. It will result in a criminal record that could restrict job opportunities and may affect housing eligibility, international travel and the ability to own a firearm.
“Domestic assaults are taken more seriously than other forms of assault and Crown prosecutors are reluctant to drop the charges or make compromises,” Dostaler adds.
