Being charged with domestic assault can upend your life overnight. One of the most urgent and emotionally distressing questions people ask is: “Can I go back home after a domestic assault charge?” The answer depends on the outcome of your bail hearing, the terms of your release, and the legal strategy your defence lawyer pursues.
This article explains when and how you may be allowed to return home after being charged with domestic assault in Canada, including the role of bail conditions, how to modify them, and what risks are involved in breaching them.
Immediate Consequences of a Domestic Assault Charge
When you are arrested and charged with domestic assault in Canada, police will typically remove you from the home, especially if you share a residence with the complainant. You may be held in custody and required to appear at a bail hearing, usually within 24 hours.
Even before your guilt or innocence is determined, the system focuses on preventing contact between you and the alleged victim to reduce the risk of further conflict or harm. That means most individuals are initially prohibited from returning to the family home, regardless of whether they own it, pay rent, or have children living there.
No-Contact Orders and Bail Conditions
At your bail hearing, the court will determine whether you can be released and, if so, under what conditions. In most domestic assault cases, bail is granted with strict conditions, which may include:
- No contact with the complainant (direct or indirect)
- No return to the shared residence
- Restrictions on communication via phone, email, or third parties
- Prohibitions on attending certain locations (e.g., schools or workplaces)
These conditions are legally binding and remain in effect until the case is resolved—which could take months or even years.
Can I Return Home If the Complainant Wants Me Back?
Many people assume that if the complainant forgives them or asks for them to come home, they are allowed to do so. This is a dangerous mistake.
Even if the alleged victim consents, you are not permitted to return home unless the court formally changes your bail conditions. Returning without legal authorization could result in a breach of bail, leading to:
- New criminal charges
- Revocation of bail (resulting in jail time)
- Harsher future penalties if convicted
The complainant does not have the authority to override court-ordered bail conditions.
How to Legally Return Home
If you want to return home, your criminal defence lawyer must take proactive steps:
1. File a Bail Variation Application
A bail variation is a formal request to change the conditions of your release. Your lawyer will typically need to:
- Obtain the written consent of the complainant
- Submit a consent bail variation form to the Crown and the court
- In some cases, argue the matter before a judge in court
The court will assess whether returning home poses a risk to the complainant or public safety.
2. Attend a Bail Review (If Required)
If the Crown refuses to consent to the change, your lawyer can request a bail review in the Superior Court. This involves a more formal hearing where the judge may consider:
- The complainant’s wishes
- Whether there’s been counselling or treatment
- Whether there are new supervision plans in place
- The seriousness of the original allegations
This process takes more time but may be necessary when informal variation attempts are denied.
3. Fulfil Additional Conditions
To support your request to return home, the court may require:
- You or the complainant to attend relationship counselling
- Regular check-ins with a bail program or probation officer
- The presence of a surety (a person who ensures you comply with conditions)
- Enrolment in anger management or other rehabilitative programs
What If I Own the Home?
It does not matter whether your name is on the lease, deed, or mortgage. If you’re prohibited from attending a particular address, you cannot go there, even if you are the legal or sole owner. Property rights do not override bail conditions.
However, your lawyer can raise your ownership or financial interest in the home as part of the argument to have the condition removed.
What If There Are Children Involved?
Courts may allow limited contact for parenting purposes—but only if explicitly outlined in your bail conditions. If you are seeking to return home because of your children, you must:
- Discuss this with your lawyer
- Involve family law counsel if necessary
- Ensure the complainant supports the request
- Request a bail variation to permit access or return
Returning home for the sake of children is not automatic, but it may be persuasive if handled through the right legal channels.
Risks of Returning Home Without Legal Permission
Returning home without changing your bail conditions—regardless of how peaceful or temporary the visit may be—can result in:
- A new charge for breaching a court order
- Loss of credibility with the court
- Revocation of bail
- Increased likelihood of conviction
- Harsher sentencing if convicted
Even being found within a certain distance of the residence (e.g., in the driveway, hallway, or neighbourhood) can trigger a breach.
The Importance of Legal Representation
Domestic assault charges—and the conditions that follow—can disrupt your family life, housing stability, and mental health. A criminal defence lawyer can:
- Help you secure favourable bail terms
- Apply for bail variations on your behalf
- Coordinate with the Crown, complainant, and court
- Guide you through the process without risking additional charges
Every case is different, and a lawyer can assess the unique details of your situation to determine your best path forward.
Schedule a Free Consultation with Lichtman Law
If you’ve been charged with domestic assault and want to return home, it’s essential to proceed carefully and legally. Lichtman Law has helped hundreds of clients across Ontario resolve bail conditions, return to their families, and move forward with their lives. Don’t take matters into your own hands—get experienced legal support today.
Schedule your free consultation now and take the first step toward regaining control of your future.