Domestic Violence Charges in Ontario

Violent behavior is not just the obviously violent act of assaulting someone such as punching a person in the face or kicking and hitting them. Spitting on someone is an assault and is a violent behavior that could lead you to be criminally charged under s. 266 of the Criminal Code which is the assault section.

Assault with a weapon is obviously a criminal offence. What some people may not be aware of, is the fact that a weapon in Canadian Criminal Law is not just the obvious tool we think of as a weapon such as a knife, a firearm, etc. … In fact, s. 2 of the Criminal Code defines a weapon as any THING used, designed to be used or intended for use in (a) causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person. This is a broad definition and it can include anything that is used to either hurt or threaten a person. What this means, is that if you throw something as innocent as a teddy bear on another family member in the heat of the moment while you are arguing with that family member, you are in fact committing the offence of assault with a weapon. So if during your family gathering you get into an argument with a spouse, a cousin, an uncle, a child and you get angry at them and you are tempted to throw something at them, remember that that thing you are throwing constitutes a weapon and you may end up facing criminal charges if someone calls 911 and reports the incident to the police.

Another thing to keep in mind is that uttering threats is a criminal offence under s. 264.1 of the Criminal Code. Threatening to kill someone, to hurt them or to destroy them is a criminal offence that could lead to criminal charges as well. So if you are talking to the unpleasant uncle, and you get to irritated by him, think twice before you say anything that could put you in trouble.

The reason why it is important to be mindful of these things is because heated topics and conversations are sometimes unavoidable in family gatherings. These topics often hit a nerve and cause people to become reactive. In addition, alcohol is often present during the Holiday Season gatherings and alcohol causes people to become less inhibited and to have less control over their behavior. So before you say or do anything, before you pick up anything to throw at someone, keep in mind that your actions may not just disrupt the mood of the party but they may also lead you to spend your night in jail facing criminal charges.