The first 72 hours after domestic assault charges are laid often determine the entire trajectory of the case. Decisions made immediately after arrest—usually when you’re stressed, confused, and without legal advice—can make the difference between case dismissal and conviction. Understanding what happens in these critical hours is essential.
The Arrest and Release Process
Most domestic assault arrests follow a predictable pattern:
At the scene:
- Police separate you and the complainant
- Each person provides a statement
- Police assess who was the “primary aggressor”
- The designated aggressor is arrested, even if both were involved
- You’re transported to the police station
At the station:
- Booking procedures (fingerprints, photographs)
- Brief holding cell detention
- Processing by duty officer
- Release on conditions (almost always imposed)
The critical moment: You’re given documents outlining your bail conditions and court date. Most people, anxious to leave custody, quickly sign these documents without fully reading or understanding them.
This is the first critical mistake.
Understanding Your Bail Conditions
Domestic assault bail conditions typically include:
Mandatory no-contact order:
- No contact whatsoever with the complainant
- No communication through any means (phone, text, email, social media)
- No contact through third parties (friends, family, children)
- No attending complainant’s residence, workplace, or school
- Sometimes a distance requirement (stay 500+ meters away)
“The bail conditions imposed immediately after arrest are often the most challenging aspect of domestic assault cases. People don’t realize these conditions remain in effect for the entire court process—typically 12-18 months—regardless of whether both parties want contact,” says top domestic assault law firm in Toronto, Karapancev Law.
Other common conditions:
- Surrender any weapons or firearms
- Reside at a specific address
- Report to police regularly
- Abstain from alcohol or drugs
- Attend counselling programs
- Curfew requirements
The Immediate Crisis
Within hours of release, most people face devastating practical realities:
Housing crisis: If you lived with the complainant, you’re now homeless with no access to your belongings, important documents, or personal property.
Children access cut off: If you share children, you cannot see them, attend their activities, or participate in their lives without court permission.
Financial catastrophe: You must now pay for two households while also paying legal fees. Many people cannot afford this.
Employment complications: If you work with your partner or in nearby locations, you may need to quit or request transfers to avoid breaching conditions.
Social isolation: You cannot contact your partner, who may be your primary emotional support, exactly when you’re facing the most stressful situation of your life.
The Statement Trap
One of the most dangerous moments comes when police ask for your statement at the station or later contact you for follow-up questions.
What police are looking for:
- Admissions of physical contact (even defensive)
- Explanations that can be twisted into admissions
- Inconsistencies with other evidence
- Anything that can be used against you
Why you should never give statements without a lawyer:
Even completely innocent explanations can harm your case:
- “I grabbed her arm to stop her from leaving” = admission of assault
- “I pushed her away when she hit me” = admission of force
- “I was just trying to defend myself” = admission you used force
Self-defence is a valid legal defence, but it must be raised properly in court—not through police statements that will be dissected and used against you.
The right response: “I want to speak with a lawyer before answering any questions. I’m exercising my right to remain silent.”
The Recording Reality
In domestic assault cases, evidence includes:
911 calls: Recorded and analyzed for emotional state, background noises, and statements made in the moment.
Police body camera footage: Officers now routinely wear cameras capturing interactions at the scene.
Complainant’s initial statement: Typically given at the scene when emotions are highest.
Your statements: Anything you say to police is recorded and will be scrutinized.
People often make damaging statements because they’re trying to explain, justify, or defend themselves. These explanations almost always hurt more than help.
Getting Belongings and Essential Items
After release, you need access to belongings from the shared residence. Never violate no-contact conditions to retrieve items.
Proper procedure:
- Contact police non-emergency line
- Request a “civil standby” or “domestic property retrieval”
- Police will escort you to collect essential items at a scheduled time
- Complainant typically leaves during this period
- You get one opportunity to collect items—bring someone to help
Going to the residence without police presence violates bail conditions and results in immediate arrest for breach.
The Complainant Contact Trap
The most common way people breach bail conditions is through complainant-initiated contact.
Common scenarios:
- Complainant texts: “Can we talk?”
- Complainant calls crying and upset
- Complainant shows up at your location
- Children call asking you to come home
- Complainant sends messages through friends
Critical rule: If the complainant contacts you, do not respond. Even a single response violates conditions.
Police and Crown don’t care who initiated contact. If you respond or meet with the complainant, you’re charged with breach—a separate criminal offence carrying potential jail time.
Urgent Next Steps (First 72 Hours)
- Contact a criminal defence lawyer immediately (within 24 hours if possible)
- Secure housing: Find somewhere to stay that complies with bail conditions
- Document everything:
- Photos of any injuries you sustained
- Names and contact info for witnesses
- Timeline of events while memory is fresh
- Any relevant text messages or communications (before charges)
- Do not contact the complainant no matter what, even if they contact you
- Do not discuss the case on social media or with anyone except your lawyer
- Arrange civil property retrieval through police if you need belongings
- Notify employer if necessary to comply with bail conditions
The Bottom Line
The first 72 hours after domestic assault charges set the trajectory for your entire case. Mistakes made during this critical window—giving statements to police, contacting the complainant, failing to document evidence, or not securing legal representation—can be impossible to undo.
Most people arrested for domestic assault are in shock and making decisions in crisis mode. But these decisions have permanent consequences. One improper statement to police, one text message to the complainant, or one violation of bail conditions can transform a defensible case into a conviction.
If you’ve been charged with domestic assault, treat the first 72 hours as the most important of your life. Exercise your right to silence, comply strictly with bail conditions, and contact experienced legal counsel immediately—before you make mistakes that cannot be fixed.
