Toronto Domestic Violence Lawyers
Facing Domestic Charges?
You've Come to the Right Place.
Domestic assault charges can turn a normal life upside down, tearing loved ones apart and casting the future into doubt.
Trust a Toronto law firm that specializes in defending domestic charges to demystify the legal process and get you the best possible result.
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We proudly represent clients across the province of Ontario.
Getting Domestic Charges Dropped.
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For over a decade, I've been helping Ontarians navigate the hard road of domestic violence charges. I've represented hundreds of men torn from their families; victims angry at the police for laying charges; and real survivors looking for answers.
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It's not easy work, but I'm proud of my law firm's track record of success. As our list of dropped charges and happy clients piles up, we've doubled-down on our commitment to re-unite families, transform clients and defend the wrongfully accused.
Today, domestic assault charges represent my law firm's main area of specialization.
If you're facing domestic assault charges in Ontario, you've come to the right place. Call us today for a free consultation, or feel free to browse our extensive materials on this rich and important topic.
Shayan Shaffie, Counsel
Shayan Shaffie, Domestic Assault Lawyer
Member of the Law Society of Ontario
Member of the Criminal Lawyer's Association of Ontario
University of Toronto, Juris Doctor, B.A. Hons.
Criminal Lawyers
Focused On Relationships.
Contrary to popular belief, our track record of dropped charges proves that the best legal strategy in domestic cases has nothing to do with pounding the table or pointing the finger at complainants.
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It's about building a healthier, brighter tomorrow.
Domestic charges are often the manifestation of years, even decades of invisible personal and interpersonal challenges.
Our approach combines the toughest legal advocacy with our clients' personal growth. The end result is a law firm with a history of success.
Domestic Assault Charges: What You Need to Know.
Empower yourself. Replace anxiety and frustration with knowledge of the law.
Shaffie Law is proud of its extensive, cost-free public resources on the law of domestic violence. Learn about the law from a domestic assault lawyer who fights charges each and every day.
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Visit our Blog or Watch us on YouTube to learn more.
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Defending Domestic Assault Charges
Charges that Hit Home.
Domestic assault charges have the power to turn ordinary lives upside down. Like a strike of lightning, one phone call to police leads to a cascade of disastrous and seemingly irreversible consequences: criminal charges, nights in jail, a looming court case, the prospect of a criminal record...
And that's just the beginning.
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Experienced domestic violence lawyers like Shayan Shaffie know first-hand how rapidly and powerfully domestic charges can disrupt a life and ruin a relationship.
However long or peaceably the parties have been together, however minor or misunderstood the allegations may have been, once domestic charges are laid a barrage of legal arrows aim straight for the heart. Bail conditions prohibit contact between couples who want to reconcile. The accused is ordered to stay away from home, even if the lease or title is in their name. And for many families the involvement of the Children's Aid Society adds a mountain of stress to an already painful ordeal.
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Marital homes are vacated; friends and relatives, previously unaware of any trouble in the relationship, are called upon to help. Guilt, remorse, and embarrassment lead to feelings of powerlessness, especially since the parties cannot communicate how they feel.
Adding to these problems is a legal culture of policing domestic violence based on a "worst-case-scenario" mindset. To correct decades of turning a blind eye to grave incidences of domestic abuse, the police now rely on the extreme opposite approach: mandatory charging.
Across the province, "mandatory charging" policies require the police to lay domestic charges any time they believe an offence has been committed. The wishes of the complainant, the seriousness of the allegations, the best interests of the family: the police are directed to ignore these factors.
Arguably, this rigid policy has simply replaced old problems with new ones. True victims of chronic domestic abuse now find themselves in court amongst a host of infantilized complainants. These are men and women who never wanted their loved one charged, but who are forced to endure the pain, cost, and agony of being dragged through a complex court process against their wishes.
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Why Experience Matters.
It takes years of experience to develop a nuanced and effective approach to defending domestic violence cases. That's because of the powerful interplay of special laws, policies and raw human emotion at the centre of every domestic case. Navigating these forces requires, not only a rich knowledge of the legal system, but an ability to steer cases strategically, even psychologically, toward the best result. This means putting clients first.
Shayan Shaffie is a top domestic violence lawyer who has represented hundreds of defendants and complainants across the province. As a former Crown Attorney, he knows first-hand how domestic violence policies translate into arrests, the collection of evidence, and the prosecution of domestic cases in court.
As a criminal lawyer specializing in the defence of domestic charges, Shayan has developed a strategic framework for resolving even the toughest domestic cases. Today, his law firm enjoys a history consisting of hundreds of dropped domestic cases. The few which are not dropped are met with Shayan's relentless energy and skill as an effective courtroom litigator.
If you're facing domestic violence charges, hire the best domestic violence lawyer you can. An experienced domestic lawyer will not only help get you the best outcome, but will do so in far less time and with far less anxiety.
If you're a complainant in a domestic violence case and you want help reclaiming your voice in the criminal justice system, call us today .
An Overview of Domestic Charges in Ontario
What kind of charge are you facing?
The best domestic violence lawyers know that defending a domestic case requires equal parts legal prowess and good storytelling. That's because every domestic violence case has a history. Every charge on paper has a rich corresponding story. Knowing how to unpack and simplify that story is a central part of the special craft of domestic advocacy.
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Although every domestic violence case is unique, skilled domestic violence lawyers know that, from a top-line perspective, most cases will fit into one of several basic "profiles". These "profiles" are by no means scientific. Nor are they enshrined in the Criminal Code of Canada. They can, however, based on the lawyer's experience, helpfully predict the range of outcomes a client can expect; the time horizon that a given domestic violence case will take; and, relatedly, the complexity and costs associated with the file.
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By far the most common case profile, and the one we deal with most at Shaffie Law concerns mild domestic violence charges.
Level I or Mild Domestic Charges
Domestic violence is a serious matter justly deserving of broad public concern. Use of the term "mild" to describe incidents of domestic violence should not be interpreted as minimizing the conduct alleged in those cases. Rather, the term recognizes that allegations of domestic violence occur on a spectrum. A proper legal approach to assessing the defence of such allegations includes an assessment of the relative seriousness of the claim at issue.
Mild cases usually concern an accused person who has had no previous involvement with the criminal justice system. These are often working professionals: engineers, bankers, IT workers, even lawyers, who have reached a sudden rough patch in their relationship.
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The conduct complained of is on the lower end of the spectrum. This can include shoving, restraint of the hands or arms during an argument, an open-handed strike (slap), threats unaccompanied by violence or damage to property. There are usually no injuries to the complainant, or injuries which are trifling in nature (scratch marks, for example).
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It is not uncommon in cases like these for both intimate partners to be charged. This can occur where both parties have visible marks, or make corresponding claims of assault against each other. If the police are unable to determine who the "primary aggressor" is, they will often charge both sides and leave it to the courts and prosecutors to sort out.
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Because of the nature of these types of domestic charges and the otherwise stable history of the parties, complainants in mild cases like these are frequently opposed to the prosecution of the case. In fact, in many cases they never wanted domestic charges to be laid in the first place. Understandably, they do not want to be forced to be a part of an adversarial process against someone they love.
Such victims will frequently write letters to the police or to the Crown Attorneys Office in an attempt to get the domestic charges dropped. Without the right legal advice, their attempts usually fail. Sometimes, they make matters worse.
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The most common charges in this first category of domestic cases are: assault, mischief to property, forcible confinement and uttering threats.
Level II or Moderate Domestic Charges
Intermediate and very serious domestic violence charges (below) encompass a broad range of alleged misconduct. Their shared characteristic is, quite simply, that they cannot be considered "mild". In the result, these are domestic violence charges which attract higher levels of scrutiny from prosecutors, and can sometimes lead to harsh penalties - including jail - even for first offenders.
Any number of characteristics can lead a domestic violence lawyer to conclude that a given case sits at an intermediate level. This can include the use of a weapon; non-trivial injuries to the complainant; concurrent allegations of child abuse; the existence of past domestic charges within the couple; or a long-term pattern of controlling or harassing behaviour which has escalated over time.
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The men and women facing these type of domestic violence charges often suffer from emergent or long-term substance abuse issues. Mental health is frequently a factor. The abuse can flow both ways.
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Domestic charges in the intermediate range require careful, attentive and skilled handling. Often, a successful strategy is one which identifies the root cause of the disruption and clearly addresses it over time. If the domestic violence lawyer has a good reputation, Crown Attorneys will rely on and trust them to establish the markers of their clients' rehabilitation.
In other cases, litigation strategies should be pursued early and vigorously. With the guidance of an experienced domestic lawyer, clients will know exactly what to expect from the court process and how to prepare for an eventual trial.
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Often, intermediate cases will require some combination of these and other strategies.
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The most common charges in the second category of domestic charges are: assault with a weapon, assault causing bodily harm, choking, criminal harassment.​
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Level III or Very Serious Domestic Charges
When most Canadians think about domestic violence, they probably imagine a class of offences which, thankfully, are actually quite rare. Though all acts of domestic violence are serious, those which involve severe, often chronic physical or psychological abuse are the exception in Ontario's courts.
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Very serious domestic violence cases are those which involve serious harm to the physical and/or psychological integrity of the victim. These are offences which, by definition, carry a high risk of a significant custodial sentence including a term in the penitentiary. Accordingly, very serious domestic charges include all offences of a sexual nature, regardless of the specific form of the non-consensual contact.
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In almost all very serious domestic violence cases the accused person is male; and in the vast majority of cases he will have a previous criminal record, often for domestic violence. Substance abuse, mental health, poverty and childhood trauma are common markers in these types of criminal cases. These same attributes are frequently applicable to the complainant, as well.
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The most common charges in this class of domestic offences are: aggravated assault, choking, sexual assault, aggravated sexual assault, administering a noxious substance and child abuse.
Explaining the Law of Domestic Charges
What is Domestic Assault s.266?
Also known as "spousal assault", assault under s.266 of the Criminal Code of Canada is the most commonly laid charge in Ontario domestic violence cases. It captures any unwanted application of physical force against an intimate partner, such as a spouse, dating or same-sex partner. ​​​​
Like virtually all domestic charges, s.266 is not specially designated "domestic" in the Criminal Code of Canada. This same same section would apply to a fight between neighbours or at a soccer stadium. What makes s.266 "domestic" in a given case is the nature of the relationship between the parties. If that relationship involves an "intimate partner", the assault is treated as a domestic. This means a special set of laws, policies and procedures will apply to the matter.
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What is an "Intimate Partner"?
According to the Criminal Code of Canada, an intimate partner includes a current or former spouse, common-law partner or dating partner. The definition is therefore flexible, and captiures a broad range of relationship types.
Any criminal offence involving intimate partners - from mischief, threats, assault and even homicide - becomes "domestic" when intimate partners are involved. ​
How is Domestic Assault Proven in Court?
Every criminal charge in Canada is made up of "elements," or things that the prosecution must be able to prove to secure a guilty verdict at trial. Let's look at the elements of domestic assault, which are contained in s.265 of the Criminal Code of Canada:
265 (1) A person commits an assault when
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(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
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(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; [...]
Therefore, to make out a charge of domestic assault, there must be proof that the defendant (1) intentionally applied (2) force to their intimate partner (3) without their consent. A reasonable doubt concerning one or more of these elements would be enough for an accused to be acquitted at trial.
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The astute reader will notice, under subsection (b), that actual physical contact is not always necessary to establish an assault in law. Section 265(b) describes situations where an accused person has (1) attempted or threatened to (2) apply force, in circumstances which cause the intimate partner to (3) believe that the accused has the present ability to do so.
Although this section does not require actual contact between the parties to make out the assault, because of the additional burdens of proof it imposes on prosecutors s.265(b) is charged less commonly by police.
What are the Penalties for Domestic Assault?
Domestic assault charges are punishable by up to 5 years jail for cases which are prosecuted by indictment. It is important to note, however, that maximum penalties are extremely rare in the practise. The vast majority of domestic cases can resolve along a range of much milder outcomes. The exact range of these outcomes depends on a variety of factors, including the seriousness of the charge and the quality of your representation. See our Guide for Sentencing First Offenders in Ontario for more information.
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It is also important to recognize that, beyond the risk of jail, a variety of non-criminal, "corollary" consequences can flow from a domestic violence case. In fact, at our law firm jail, fines and probation are much easier obstacles to overcome than safeguarding our clients' full range of future interests. This can include:
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Whether they will have a criminal record;
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Whether a criminal record check will disclose their domestic charges;
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Whether they will be able to travel for business;
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Whether their immigration status will be adversely impacted;
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When they will be able to reunite with their family; and
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How the criminal case could impact related family court proceedings.
What is Assault Causing Bodily Harm?
Known in legal circles and among the police as "ABH" or sometimes "Assault Level II", assault causing bodily harm refers to an assault that has resulted in the victim suffering a lasting injury. According to the Criminal Code of Canada, this includes "any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature." ​​​​​​​
What is the Penalty for Assault Causing Bodily Harm?
The maximum available penalty for assault causing bodily harm is 10 years imprisonment for cases prosecuted by indictment, or two years less one day for charges prosecuted by summary conviction procedure. However, these figures only refer to the maximum available period of incarceration, and exclude any consideration of the important corollary consequences that can flow from a charge. Reliable assessments of the actual range of outcomes in your case requires legal advice from a skilled domestic assault lawyer.
What is Assault with a Weapon?
As the name suggests, assault with a weapon refers to domestic situations involving the use or attempted use of a "weapon". What constitutes a "weapon" is, regrettably, extremely broad under Canadian criminal law. The following is from the definition section of the Criminal Code:
[a] weapon means any thing used, designed to be used or intended for use
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(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person
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and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will
Because a weapon includes "any thing" used to injure or intimidate a domestic partner, prosecutions for assault with a weapon are often based on shockingly benign items: from bubble gum, to pillows, to tossed lattes.
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Regrettably, criminal records don't contain explanations. And for those unfortunate enough to have been charged and convicted in cases involving petty items, unfairness results when trying to explain the matter to an employer, immigration officer, or even a judge months or years in the future.
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What is the Penalty for Assault with a Weapon?
The maximum penalty for all s.267 offences, including assault with a weapon, is 10 imprisonment for cases prosecuted by indictment, and two years less one day where Crown proceeds by summary conviction. As always, you will want to consult with an experienced domestic violence lawyer to determine if these maximums have any realistic application to your case
What is Aggravated Assault?
​Sometimes referred to as "maiming" or "assault level III," aggravated assault is the most serious form of assault in Canadian criminal law. In the domestic context, it is usually reserved for the most serious cases involving significant injuries or risk to human life.
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To make out a charge of aggravated assault, the prosecution must be able to establish that the assault wounded, maimed, disfigured, or endangered the life of the complainant. In most cases, medical evidence is presented to establish this component of the offence. ​
What is the Penalty for Aggravated Assault?
Aggravated assault is significantly more serious than simple assault (s.266) or assault causing bodily harm (s.267). Accordingly, the maximum available penalties are high, and even first offenders run the risk of a carceral sentence. ​According to the Criminal Code of Canada, aggravated assault may only be prosecuted by indictment and carries a maximum of fourteen years in jail.
A History of Success.
Frequently Asked Questions.
Q. Does Shaffie Law accept Legal Aid for domestic assault cases?
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Due to the level of time and attention we commit to our clients' cases, we do not accept Legal Aid.
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Q. How much experience does Shayan Shaffie have defending domestic charges?
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Shayan studied at Canada's top law school and started his career prosecuting domestic cases as an Assistant Crown Attorney. In 2014, after growing disillusioned with the carceral system, he established Shaffie Law. He brought his experience as a Crown to bear and, over time, discovered that he had developed an exceptional success rate defending domestic cases.
In 2020 Shayan moved to specialize his law firm's core area of practise into just three areas: domestic violence, sexual assault, and youth criminal justice. Among those, domestic violence is the Shaffie Law's core specialty.
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For over a decade, Shayan Shaffie has represented hundreds of defendants, witnesses and complainants in domestic assault cases.
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Q. What does it cost to defend a domestic violence case?
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We bundle essential legal services together for convenient, surprise-free, block-fee billing. This means you'll know exactly what services you'll be receiving for a set price agreed upon in advance. We also offer flexible payment options, so you won't have to worry about how and when legal fees are paid.
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Shaffie Law is proud of its of client-centric billing model, which lets clients focus on building back their regular lives. ​
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Get in Touch.
To talk to a criminal lawyer, fill out the simple form below or call us 24/7 at (647) 500 5186.
Shaffie Law is pleased to offer free, no-obligation consultations by telephone or over Zoom.
* Use of the contact form is subject to Shaffie Law's terms of service and privacy policy. Please do not send us confidential details about your case until we have established a lawyer-client relationship. Use of this card does not establish a lawyer-client relationship.
Visit Shaffie Law.
Shaffie Law Professional Corporation
130 Spadina Ave. Suite 606
Toronto, Ontario M5V 2L4
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Office: (647) 500 5186
Fax: (416) 361 9443
Email: info@shaffielaw.ca
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