In Canada, domestic assault charges are not limited to physical injuries. It is possible to face criminal charges even if no punches were thrown, no bruises appeared, and no physical contact occurred. Verbal threats, intimidation, and emotional abuse can all trigger a police investigation and lead to arrest.
What Counts as Domestic Assault Without Physical Force?
Domestic assault includes any act intended to control, dominate, or threaten an intimate partner, whether or not physical contact is involved.
Examples include:
- Threatening violence
- Destroying property during an argument
- Blocking someone from leaving a room
- Yelling threats that cause the other person to fear for their safety
These actions may be treated as assault, uttering threats, or mischief, depending on the details.
Canadian law generally takes a zero-tolerance approach to domestic violence. If police believe an offence has occurred, they are obligated to lay charges—even if the alleged victim later asks to have the charges dropped.
The Role of Perceived Threats
Under section 265 of the Criminal Code, assault can include attempts or threats to apply force, if those threats cause someone to fear imminent harm.
For example, shaking a fist at a partner or making a menacing advance may be enough to justify charges.
Even if the accused never laid a hand on the other person, the court will consider whether their behaviour created a sense of danger or intimidation. Emotional context, past incidents, and witness accounts all play a role in how these cases are evaluated.
Mischief and Property Damage
In many domestic assault cases involving no physical harm, charges of mischief are also laid. Breaking a phone, smashing dishes, or damaging a wall during an argument can be prosecuted as criminal mischief if the damage was intentional or reckless.
Combined with threatening behaviour, mischief can add to the seriousness of the case and influence the outcome in court.
Defending Against These Charges
Challenging these allegations is possible, particularly if the claims are exaggerated, based on emotional disputes, or lack evidence.
Defence strategies may include:
- Demonstrating no reasonable fear was created
- Showing no intent to threaten or control
- Arguing the incident has been misrepresented
Even without physical harm, a conviction can result in restraining orders, loss of firearm privileges, jail time, and family court complications.
If you’ve been charged with domestic assault, speak to Jerry Steele of Steele Law as soon as possible. Early legal advice from one of BC’s top criminal defence lawyers can help clarify your rights and guide your next steps.