Domestic Uttering Threats charges in Toronto, Ontario under Section 264.1 of the Criminal Code

Cases involving threats made by a spouse or partner are classified as "domestic violence" offences in Ontario, Canada and result in lengthy communication bans and harsh prosecutions

Many people accused of uttering threats are charged during incidents that take place in the home or between married or otherwise current or past romantic partners. These cases are automatically classified as domestic violence offences by the Police and the Crown Attorney’s office. The significance of this is that there is virtually no discretion used by the Police at the doorstep (the accused always gets arrested and taken to the station) and the cases are prosecuted very firmly in court. The Crown Attorney (Prosecutor) will not easily drop the charges despite the victim asking them to do so later.

While probably 99% of threats uttered do not later result in any actual violence, most serious domestic violence cases involving injuries occur after some threatening comment or gesture was made. Since a very small number of cases escalate, and there is no way to tell which will and which won’t, 100% of cases involving uttering threats to a domestic partner will be subject to extremely harsh prosecutorial policies. In other words, everyone must suffer very harsh treatment by the criminal justice system because of the actions of a few.

This seems unfair because my spouse/partner was just angry and not serious about the threat at all?

In many cases the response seems too punitive for the accused and their family. They are forced to move out of their home, not communicate with their spouse, and find themselves facing the prospect of going to jail and getting a criminal record. Even if the accused is later acquitted it will only be after spending many months (sometimes a year or more) apart from their family. Most members of the general public and the Government don’t seem to care too much as they are not the ones taking the loss, until they themselves are put through the process.

The last thing the Police and the Ministry of the Attorney General want is to be seen as is not reacting to clear warning signs, especially in the domestic context. After all, their primary mandate is to protect the public. When someone is badly injured or killed they don’t want to be accused of not taking a previous threat, 911 call, etc. seriously. This means all accused are ‘tarred with the same brush’ so to speak.

The wishes of the victim/complainant “not wanting to press charges” anymore do not matter much at all.

The victim’s position as the decision maker in terms of the fate of the accused ends once they call the Police/911. Once the Police are involved they will decide whether they have evidence that a threatening statement was made and charge the accused accordingly. The evidence is often simply that the complainant/”victim” said to the police that a threat was made, which the police write down in their notepad.

Sometimes the victim realizes it was a mistake to call the Police before they arrive and chooses not to talk to them at the doorstep. Even in these cases the spouse/partner will usually still be charged because the victim has already incriminated them while on the phone with the 911 operator. 911 operators are highly trained to gather incriminating statements on the calls. The 911 phone call is recorded and can be used in court against the accused if the victim refuses to talk when the police show up.

The 911 recording can also be used to prosecute the victim if they later recant their story and say they were not telling the truth. It is a criminal offence to falsely accuse people of crimes (Public Mischief) and to mislead the police in their investigations (Obstruction of Justice).

Once the accused is given a court date, only the Crown Attorney is in charge of the prosecution

Once the Police charge the accused (give them a court date), they are no longer the decision maker in the case. The prosecution of the case then shifts to the Crown Attorney’s office. Crown Attorneys are lawyers who work for the Government of Ontario to prosecute criminal cases. Like the police, must follow very strict Government policies when prosecuting domestic violence cases. They will not just drop a case because the “victim” wants the charges dropped. As mentioned above, the victim’s role as the decision maker ended when they called the police.

The vast majority of “victims” in domestic violence cases want the case to be dropped and to regain contact right away. This is especially true in uttering threats cases which are usually the result of a temporary argument or situation that became overheated. 911 was called because the complainant was under the impression the police would talk to their partner or perhaps, at worst, take them away for the night. They reason that since their partner took their anger out with words rather than using actual physical violence that it is not that big a deal. Once they realize how serious and life impacting having their partner charged will be it is already too late.

Fortunately there are things we can do to help get those charged with domestic uttering threats offences home as soon as possible and avoid a criminal record.

Please see our page on first time domestic charges for more information on all forms of first offence domestic violence charges (assault, mischief, uttering threats, etc).

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with uttering threats in the Toronto area.

Have a skilled criminal lawyer who focuses on threats charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an utter threats related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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