What is a no-contact order in a domestic assault case?

A no-contact order is a bail condition imposed under section 515 of the Criminal Code that prohibits the accused from communicating with or being in the presence of the complainant. In domestic assault cases, no-contact orders are standard — they are imposed at the bail stage in virtually every case, whether the accused is released by police or by a justice of the peace. The order typically prohibits all contact: in person, by phone, by text, by email, through social media, and through third parties. It remains in effect until the charges are resolved or the court varies the condition.

How long does a no-contact order last in Ontario?

A no-contact order remains in effect from the time it is imposed at bail until the criminal case is concluded — either by withdrawal, peace bond, acquittal, or sentencing. For most domestic assault cases in Ontario, this means the no-contact order is in effect for 4 to 12 months. If the case goes to trial, the order can remain in place for 12 to 18 months or longer. The order does not expire on its own — it must be formally varied by the court or it ends when the case is resolved.

Can a no-contact order be lifted or changed in Ontario?

Yes. The accused (through their lawyer) can bring a variation application under section 515.1 of the Criminal Code asking the court to remove or modify the no-contact order. The court will consider whether the variation is appropriate given the circumstances — including the complainant's wishes, the nature of the charges, the accused's compliance with conditions so far, and whether the complainant has safety concerns. Some variations add conditions rather than removing the no-contact order entirely — for example, allowing contact only through a lawyer or only for custody and access purposes.

What happens if I break a no-contact order?

Breaching a no-contact order is a criminal offence under section 145 of the Criminal Code. If you are charged with breach of bail conditions, you face a new criminal charge on top of the underlying domestic assault charge. A breach also makes it harder to obtain bail — you may be detained in custody pending trial. At sentencing on the original charge, a breach demonstrates to the court that you cannot follow court orders, which significantly increases the likelihood of a custodial sentence. Even a single text message to the complainant can constitute a breach.

Can the complainant contact me if there is a no-contact order?

The no-contact order binds the accused, not the complainant. If the complainant contacts you, you are still bound by the order — responding to the complainant's message, answering their call, or meeting them at their invitation is still a breach. This is one of the most common and dangerous misunderstandings in domestic assault cases. The only safe course of action is to not respond and to document the complainant's contact (by saving the message and showing it to your lawyer). Your lawyer can use the complainant's attempt at contact as evidence in a variation application.

How does a no-contact order affect child custody and access?

A no-contact order can prevent you from seeing your children if they live with the complainant, because contacting the complainant — even to arrange parenting time — would constitute a breach. However, the court can vary the no-contact order to allow contact for custody and access purposes, or to allow contact through a third party (such as a family member or lawyer). If you have a family court order granting access, your criminal defence lawyer can use that to support a variation application. The criminal court and family court operate independently, but judges are aware that blanket no-contact orders can have unintended effects on parent-child relationships.

Can I go home if there is a no-contact order and I live with the complainant?

No — not unless the no-contact order is varied. If you share a home with the complainant and a no-contact order is in place, you cannot return to the residence while the complainant lives there. This is true even if you own the home, pay the mortgage, or have belongings inside. Your lawyer can request a police-supervised attendance to retrieve essential belongings (clothing, medication, identification documents), or can bring a variation application to modify the order so that you can return home. Until the order is varied, returning to the shared home is a breach.

No-Contact Orders: Domestic Assault Ontario

What Is a No-Contact Order?

A no-contact order is a condition of bail imposed under section 515 of the Criminal Code. In domestic assault cases, it is the single most common bail condition — imposed in virtually every case at the time of release, whether by police or at a bail hearing.

The order prohibits the accused from communicating with or being in the physical presence of the complainant. It is not a suggestion — it is a court order with criminal consequences for non-compliance.

What a No-Contact Order Prohibits

A no-contact order is comprehensive. It typically prohibits:

Direct contact — in person, by phone, by text message, by email, or by letter
Indirect contact — through a third party such as a friend, family member, or mutual acquaintance
Social media contact — messaging, commenting, tagging, or viewing the complainant’s profiles (some orders specifically prohibit this)
Physical proximity — attending at the complainant’s home, workplace, school, or any place the complainant is known to frequent

The scope of the order depends on the specific wording. Some orders prohibit “direct or indirect communication,” which is the broadest form. Others may allow specific exceptions — for example, contact through a lawyer for family law matters. Always read your conditions carefully and discuss them with your lawyer.

How a No-Contact Order Is Imposed

In domestic assault cases, the no-contact order is imposed at the earliest stage of the process:

Police release. If you are released at the scene or from the station, the officer will include a no-contact condition in your undertaking or release order. This happens before you appear in court.
Bail hearing. If you are held for a bail hearing (show cause hearing), the justice of the peace will impose a no-contact order as a condition of your release. For domestic cases, this is standard. For more on the bail process, see our guide to domestic assault bail conditions.

Crown policy in Ontario requires prosecutors to seek a no-contact order in every domestic assault case. This means the order is not discretionary — it is imposed as a matter of course.

How Long a No-Contact Order Lasts

A no-contact order remains in effect from the moment it is imposed until the criminal case is concluded. It does not have an expiry date. It ends when:

The charges are withdrawn by the Crown
A peace bond is entered and the charges are withdrawn
The accused is acquitted at trial
The accused is sentenced (the no-contact order may be replaced by a probation condition)
The court varies or removes the condition

For most domestic assault cases in Ontario, this means the no-contact order is in place for 4 to 12 months. Cases that proceed to trial may have the order in place for 12 to 18 months or longer.

How to Get a No-Contact Order Varied or Removed

The accused can apply to the court to vary the no-contact order under section 515.1 of the Criminal Code. A variation can modify the order — for example, allowing contact for specific purposes — or remove it entirely.

The court considers several factors when deciding whether to vary a no-contact order:

The complainant’s wishes. If the complainant wants to resume contact and has no safety concerns, this supports a variation. The complainant may provide a written statement or attend court to express their position.
The nature of the charges. Minor force with no injury supports a variation more than serious violence.
Compliance history. An accused who has fully complied with all bail conditions is in a stronger position than one who has already breached.
Practical concerns. Shared custody of children, shared finances, and the need to communicate about a shared home can all support a variation.
Crown’s position. The Crown’s consent is not required for a variation, but a Crown who opposes the variation will make it harder to obtain. Your lawyer can negotiate with the Crown before the hearing.

Common variations include:

Allowing contact through a lawyer only
Allowing contact for custody, access, and parenting purposes only
Allowing contact by text or email (but not in person) for logistical matters
Removing the no-contact order entirely and replacing it with a no-violent-contact order (allowing peaceful communication)

What Happens If You Breach a No-Contact Order

Breaching a no-contact order is a separate criminal offence under section 145 of the Criminal Code. The consequences are severe:

A new criminal charge for breach of bail conditions
Potential revocation of bail — you may be detained in custody until the case is resolved
A demonstration to the court that you cannot follow orders, which significantly increases the likelihood of jail on the underlying domestic assault charge
Loss of negotiating leverage — Crown attorneys are far less likely to agree to a peace bond or discharge for an accused who has breached

Even minor contact constitutes a breach. A single text message saying “I miss you” is a breach. Responding to a message the complainant sends you is a breach. Asking a mutual friend to pass along a message is a breach. Having a family member relay information about the case is a breach.

Critical point: The no-contact order binds the accused, not the complainant. If the complainant contacts you, you must not respond. The complainant cannot give you permission to breach your conditions. Only the court can vary the order.

Impact on Shared Custody and Children

A no-contact order can prevent you from seeing your children if they live with the complainant. This is one of the most difficult practical consequences of a domestic assault charge.

There are several ways to address this:

Variation application. Your lawyer can apply to vary the no-contact order to allow contact with the complainant for custody and access purposes only, or to allow direct contact with the children through a third-party facilitator.
Family court order. If you have an existing family court order granting custody or access, your criminal defence lawyer can present it to the court to support a variation. However, the family court order does not override the criminal no-contact order — you need the criminal court to vary its own conditions.
Third-party facilitation. A family member or friend can facilitate exchanges — picking up and dropping off the children — without the accused having direct contact with the complainant.

Impact on Shared Home and Finances

If you share a home with the complainant, a no-contact order means you cannot return home while the complainant lives there — even if you own the property or pay the mortgage.

This creates immediate practical problems:

Retrieving belongings. Your lawyer can arrange a police-supervised attendance to collect essential items (clothing, medication, identification, work equipment). This is typically a one-time visit scheduled through the local police division.
Paying mortgage or rent. You are still legally responsible for your financial obligations even if you cannot live in the home. Payments can continue through automatic withdrawals or through a third party.
Finding alternative housing. You will need to find temporary housing for the duration of the no-contact order. This can be with family, friends, or a rental.
Shared finances. If you share bank accounts or credit cards, your lawyer can arrange for financial communications to occur through counsel to avoid any direct contact with the complainant.

Getting the Charges Resolved to End the No-Contact Order

The no-contact order ends when the case is resolved. The faster the case is resolved, the sooner the order is lifted. Resolution options include:

Withdrawal of charges — if the Crown determines there is no reasonable prospect of conviction, the charges are withdrawn and all bail conditions — including the no-contact order — are immediately lifted. See our guide on whether domestic assault charges can be dropped.
Peace bond — the accused enters a recognizance to keep the peace. The charges are withdrawn. The no-contact order from bail is replaced by the peace bond conditions, which may or may not include a no-contact provision depending on the circumstances.
Guilty plea and sentencing — the bail conditions end at sentencing and may be replaced by probation conditions. A probation order may include a no-contact condition, but this can be negotiated as part of the sentencing submissions.

Your lawyer’s goal is to resolve the case as efficiently as possible while achieving the best outcome. For more on the full range of options, see our guide to domestic assault charges in Ontario.

No-Contact Orders in Domestic Assault Cases