When someone reports a domestic assault incident, police respond immediately. When they find evidence that an assault occurred, the police will likely arrest the accused and take them into custody. Even if the assault is minor, the police have no discretion. They have to arrest the accused and take them to the police station. The accused will be processed and held in jail. Then they can be brought before a justice of the peace for a bail hearing. This usually takes place the next day. Read More At the bail hearing, a Justice of the Peace will review the domestic assault case before going to trial. They will decide whether the accused should be released from custody while waiting for the case to come to trial or not. It would be best if the accused had a top domestic assault lawyer in Toronto to attend the bail hearing to ensure their release and avoid going through the strict bail conditions imposed by the court. In a domestic assault case, the police lay the domestic assault charge on the accused, not the victim of domestic violence. The police lay the criminal charge on information they receive from the victim or witness to the domestic assault. Even if the victim or spouse decides to stop making further complaints or decides not to push through with the charges, the police must continue the investigation. The complainant or victim has no control over the arrest, and they cannot withdraw the complaint. The complainant or victim also cannot ask the police or the crown prosecutor to drop the charges. Most domestic assault allegations will result in release conditions that prevent the accused and the alleged victim from contacting each other. Therefore, the accused will be ordered to move out of the family home. This means no contact with the spouse or partner and limited contact with the children.