Domestic Assault - Getting the Accused out of Jail

Release from Custody

Having been charged with a domestic assault the accused will be held in custody (jail) until a bail hearing can be arranged. Within 72 hours the accused will be brought before a Justice of the Peace for the Justice to decide whether or not the accused should held in jail or be released with conditions.

Where there is evidence during a domestic assault of violence or of threatening behavior, or where the Justice believes there is a threat to the safety of an individual, public or an involved person the Justice of the Peace may decide to keep the accused in custody (jail) until a court hearing can be held.

Should the Justice of the Peace decide to release the accused the Justice may impose conditions (bail conditions) on the accused. The bail conditions may include;

The accused agrees not to have any contact with the spouse or the family
The accused agrees to move out of the family home
The accused agrees to have no contact with the victim(s)
The accused refrain from alcohol or drugs
The accused attend counseling for domestic assault
Any other condition that the Justice feels appropriate for the circumstances
Provide a surety, a cash deposit or surety put guaranteeing the accused's appearance in court

Upon being arrested for a domestic assault or any criminal offence the accused is allowed to contact any lawyer of their choosing and can call OTT Legal at any one of our nine Ontario offices to obtain legal advice.

Upon retaining the services a lawyer, the lawyer will advise and appear with the accused at the Bail Hearing and represent the accused throughout the legal process.

At the Bail Hearing for domestic assault the family of the accused may appear but under no circumstances will the charges be dropped on this date. The bail hearing is just for the Justice to review the case and to see if the accused should be kept in jail or released under certain conditions.

Where the accused is released from custody for a domestic assault charge the accused must follow the conditions specified in the bail release. Should the Justice impose a no-contact condition in the bail or undertaking the accused must follow this condition even though the spouse or victim may not want to abide by it.

No contact with the complainant or victim for a domestic assault means NO CONTACT at all, directly or indirectly.

In other words, no talking, telephoning, no writing , no emails, no gifts, cards, flowers etc. It also includes no communication through a "third party", meaning that you cannot ask a friend to tell something to your spouse.

For domestic assault charges there are no exceptions to this no-contact condition, regardless of how you and the victim may feel you must abide by the court conditions. If the accused does not follow the no-contact condition, the accused will be in violation of the conditions or the release and as such the accused may be arrested a second time and charged with the criminal offence of Failing to Comply.

If the accused is arrested for violating the bail conditions and charged with Failing to Comply from a domestic assault charge, again the accused will be taken to the police station charged with the offence(s) and held in custody for a second Bail Hearing. Having been charged with a second offence while released from an initial offence the Justice of the Peace will consider keeping the accused in custody pending the domestic assault trial.

As well if any person has put up a surety/bond/or monies for the release of the accused the surety runs the risk of losing all the money that they pledged for the release.

Domestic Assault - Awaiting the court date >
Domestic Assault - Getting out of Jail >
Domestic Assault - Defined >

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