When Self-Defence Applies in Domestic Violence Charges | Kolinsky Law
                     When Self-Defence 
Applies in Domestic 
Violence Charges
Not every physical encounter in a domestic relationship constitutes 
criminal assault. Understanding when Canadian law recognises 
self-defence can protect your rights, housing, employment, 
immigration status, and parenting arrangements.
Legal Basis for Self-Defence
Self-defence is recognised under the Criminal Code of Canada, permitting reasonable force when facing a threat. 
Three essential conditions must be met:
Reasonable Belief Protective Purpose Proportionate Response
The accused must have Actions must have been taken The force used must have been 
reasonably believed they were at specifically for protection of reasonable given the 
risk of harm at the time of the oneself or another person. circumstances faced.
incident.
What Courts Examine
Context Matters
Courts assess the full picture surrounding the incident:
• History of violence or intimidation
• Whether threat was imminent
• Possibility of withdrawal or de-escalation
• Proportionality of response
The Critical Role of Evidence
Physical Documentation Communication Records Witness Statements
Photographs, medical records, and 911 calls, messages, and past Independent accounts help identify 
injury reports establish what reports reveal patterns of aggression who initiated force and support 
occurred during the incident. or fear. claims of self-defence.
Credibility: The Deciding Factor
Credibility often determines the outcome in domestic violence trials. Courts 
compare statements with physical evidence, timelines, and post-incident 
behaviour.
Consistent Explanations
Strengthen self-defence claims when supported by injuries or 
witness accounts.
Conflicting Stories
Changes or contradictions may create reasonable doubt about 
what happened.
Court's Duty
Must acquit when evidence supports self-defence or leaves doubt.
When Self-Defence Does Not Apply
Self-defence has clear legal boundaries that must be understood:
Threat Has Ended Retaliation or Anger Initiated Confrontation
Cannot claim self-defence when Response driven by revenge, Self-defence typically 
the immediate danger has anger, or punishment rather unavailable when the accused 
passed and no further threat than protection is not lawful started or provoked the 
exists. self-defence. altercation.
Misinterpreting these boundaries can result in serious legal consequences requiring expert guidance.
Why Legal Representation Matters
Time-Sensitive Decisions
Domestic violence cases move quickly. Early choices about 
statements, bail conditions, and no-contact orders significantly 
affect later arguments.
Strategic Defence
Effective representation ensures evidence is properly evaluated, 
weaknesses in allegations are identified, and self-defence claims 
meet Criminal Code standards.
Building Your Defence Strategy
Initial Review Legal Assessment
Comprehensive analysis of charges, Evaluate whether actions meet the 
evidence, and circumstances three-part test for lawful self-defence.
surrounding the incident.
1 2 3 4
Evidence Gathering Court Preparation
Secure photographs, medical records, Present clear, consistent defence 
witness statements, and communication supported by credible evidence and 
records. legal precedent.
About Kolinsky Law
Over 15 Years of Dedicated Experience
Founding lawyer David Kolinsky brings extensive expertise defending clients against 
serious criminal allegations, including domestic violence charges.
Our approach combines rigorous case analysis, strategic evidence gathering, and assertive 
courtroom advocacy to protect your freedom, reputation, and future.
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Rights Protection Evidence Challenge Tailored Strategy
Safeguarding your legal rights from the Scrutinising and challenging the Crown's Constructing powerful defence strategies 
outset of proceedings. evidence at every stage. based on your unique circumstances.
Take Action Now
Self-defence can apply when you reasonably believed you faced a threat, acted to 
protect yourself or another, and used only necessary force. When credible evidence 
supports your claim, it can prevent a wrongful conviction.
Don't wait. Contact Kolinsky Law for a strategic review of your case. 
Your freedom and future depend on expert legal representation.
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