Domestic assault is a special type of assault that is considered a hybrid criminal offence (it can be prosecuted summarily or by indictment) involving people considered to be in an intimate relationship. Domestic assault offences could range from assaults between married spouses and cohabitating couples to parents and children, siblings and other close family relationships.
Having said that, there is no specific charge in the Criminal Code called “Domestic Assault”. The offence, is simply “assault” as defined by s. 265 of the Criminal Code of Canada which states:
A person commits an assault when
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- 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 upon reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon of an imitation thereof, he accosts or impedes another person or begs.
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