'Domestic assault' is commonly used to describe assault in an intimate or family context, but the charge is ordinarily laid under the Criminal Code assault provisions. Relationship context can affect bail, safety planning, sentencing and the interaction with family-law or protection proceedings.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
The underlying offence
Police and prosecutors may lay common assault or a more serious assault charge depending on the alleged conduct and harm.
- section 265
- section 266
- sections 267 and 268
Police and release decisions
Intimate-partner allegations often generate immediate safety-focused release conditions or a bail hearing.
- arrest
- no-contact
- residence conditions
No-contact complications
An accused should not assume the complainant can waive a police undertaking or court order. Changes normally require a lawful variation.
- direct contact
- indirect contact
- variation
Evidence beyond the complainant
The prosecution may rely on 911 recordings, police observations, photographs, medical records, digital communications or other evidence.
- 911 evidence
- body-worn or surveillance video
- texts and social media
Overlapping proceedings
Criminal conditions can overlap with family-court orders, peace bonds or Emergency Protection Orders, making coordination important.
- family proceedings
- peace bond
- Emergency Protection Order
Official and authoritative sources
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources
- Nova Scotia — Domestic Violence Intervention Act