Can you contact your partner after charges? A domestic assault lawyer in Toronto explains no-contact rules
Facing a domestic assault charge is disorienting, stressful and often overwhelming. One of the most common questions we’re asked by clients at Erickson Law is whether they can contact their partner after charges have been laid. The answer, at least at first, is no, in most cases. No-contact and non-communication orders are routine bail conditions in Toronto domestic cases, and violating this condition can result in immediate arrest, new criminal charges, and be far more damaging to the underlying case. Being a domestic assault lawyer in Toronto and having close to 20 years of experience in the field, we would like to explain how these conditions operate, what they practically imply, and how they could change when possible.
Knowing the conditions of no-contact and non-communication
When a person is charged with domestic assault, they will often be held for a bail hearing or released on an undertaking with conditions. The most widespread ones include no-contact and non-communication orders. These conditions bar the accused from making direct or indirect contact with the complainant. Direct contact involves meeting face-to-face, making phone calls, sending texts, emailing, and sending social media messages. Indirect contact involves messages passed on by friends, family members or third parties. Even an innocent request like asking a mutual friend to tell your partner that you are sorry might be regarded as a breach.
In addition to the no-contact provisions, courts often enter a condition of non-attendance, which means that the accused cannot be in the presence of the complainant at or near his or her residence, workplace, or any other place where the complainant is known to be. This may pose real-life issues at the moment when you cohabit, raise children, and/or possess property and belongings in the household. These challenges are very real and understandably upsetting, but the conditions are enforceable, and if they are breached, your case will be put at risk.
What if the complainant makes the first contact?
A common misconception is that if the complainant contacts you first, then it is okay to respond. It does not. When you are under a no-contact order, you should not contact. The condition binds you, not the complainant. Courts consider breaches as serious, no matter who made the contact, because the order is a court order directed against the accused. When the complainant contacts you, it is always best not to reply and call your domestic assault lawyer in Toronto as quickly as possible. Your lawyer will be able to handle the situation on the proper channels, by applying a variation where appropriate.
How do these conditions affect shared children, parenting time, and family court proceedings?
No-contact conditions may run into family facts. If you have children in common with the complainant, you may be barred from coordinating parenting issues directly. In such cases, communication may be necessary through counsel or a designated third party, as directed by the court. Sometimes, a variation can be obtained to allow communication for the purpose of arranging parenting time only, which is often limited to text or email through monitored platforms and limited to child-related issues. Where there are family court orders, the criminal court will not necessarily defer to them; the criminal bail condition will prevail unless and until varied. Both criminal law and family law interface as a domestic assault attorney in Toronto might be able to assist in the structuring of workable terms to guarantee emphasis on safety and compliance without compromising parent-child relationships where necessary.
Is there any way for you to go back home to get your belongings?
If the residence is also the complainant’s residence, a condition of non-attendance is a common reason for not being able to return. The visit to retrieve vital items can be organized through your lawyer, in a one-time, police-monitored visit. This must be planned out beforehand and strictly supervised to avoid inadvertent breaches or contacts. Do not go to the home without an advance appointment or without explicit permission for the visit.
Pathways to a variation of no contact conditions
No-contact lifestyles are not always endless. They can be varied, where the court is satisfied that the change will not jeopardize public safety or the administration of justice. The difference may be done by agreement of the Crown Attorney, or when agreement is not forthcoming, a judge may be approached. The success depends on the facts of your case, the alleged offence, your criminal background, the safety interests of the complainant and the existence of safety mechanisms that may be offered, like third-party supervision or counselling.
At Erickson Law, a domestic assault lawyer in Toronto will normally obtain supporting materials before applying for a variation. This may include evidence of stable housing, employment, involvement in counselling or programs relating to communication or substance use issues, and proposed communication protocols restricted to topics (e.g. children’s issues). In suitable circumstances, we can also request a partial unwinding that allows indirect communication based on the counsel or parenting application, and subsequently, justified in due course, in-person communication. The measures of every step are provided and recorded to demonstrate compliance and minimize risk.
Consequences of violating no-contact orders
Breaching a no-contact condition is a separate criminal offence. It often leads to arrest, further charges, loss of bail and detention until a further hearing. Worse, it destroys your credibility with the court and weakens your position in negotiations with the Crown. We stress to each and every client: the short-term satisfaction of a forbidden text or conversation is not worth the long-term damage to your case. If contact is absolutely required, contact your domestic assault lawyer in Toronto to try and find a legal solution.
How technology and social media make compliance difficult
No-contact includes avoiding all channels, such as social media platforms, tagging, commenting, or indirect references that may be reasonably construed as attempts to communicate. Geofencing features, location sharing and shared cloud accounts can result in inadvertent contact or access to the complainant’s information. The next step that must be taken with care is to shut down shared services, change the passwords, and seek the advice of your lawyer on a secure and legal digital posture. Note: even indirect contact, which happens through the use of posts that are meant to be viewed by the complainant, may count as a breach.
The place of counselling and pre-emptive measures.
Courts take proactive efforts into account in a positive light. Enrolling in counselling, such as anger management, communication skills, or substance use programs, can be a way to support the request to vary conditions, and shows a commitment to dealing with risk factors. Recorded attendance, certificate letters and therapist letter count. A domestic assault lawyer in Toronto with experience will also coordinate with you in identifying appropriate programming.
When the complainant wants the contact to be restored
Sometimes the complainant indicates that he or she wants to continue contact or for you to return home. Although their wishes are relevant, they are not determinative of the outcome. The Crown acts in the public interest, and the assessment is made by the Crown regarding the risk. Your lawyer can liaise with the Crown as to how to present safety plans, counselling progress and communication protocols; however, don’t assume that by mutual consent you can contact. The terms can only be changed through a formal variation. Until then, you must fully comply with the order that is in effect.
Practical advice while conditions are in place
Have meticulous compliance. Document your address, work, attendance in programs and any contacts that are authorized. Should police contact you for any reason, you should be polite and refer them to your lawyer. Do not try to negotiate with the complainant and third parties informally. If some unexpected contact is made, for example, a chance encounter in public, get yourself away as quickly as you can, and document what has occurred for your lawyer. The goal is to show staunch and unrelenting compliance with the order of the court while your counsel seeks to rectify conditions legally.
How Erickson Law can help
Erickson Law has been servicing clients with domestic assault cases in Toronto as well as the GTA. We know the urgency of no-contact conditions and how immense their consequences are. At Erickson Law, we focus on evidence, safety, and pragmatism. We move to stabilize your situation, put you in the position of understanding your obligations clearly, and design a course of action for different conditions where appropriate. Be it detailed communication planning in co-parenting, a guided and monitored property retrieval, or a gradual transition of returning to contact.
When it comes to a no-contact order, you should not risk it. Hire a lawyer who will defend you, lessen your exposure, and in extreme cases demand a legal amendment of your terms. Call Erickson Law and book a free consultation and talk to a professional domestic assault lawer in Toronto.
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