Domestic Assault, found in Section 265 and 266 of the Canadian Criminal Code, is not distinct from normal assault charges. Domestic assault trials are unique in that they involve two people who shared an emotional bond at some point in their relationship. Note that under Canadian law, parties need not be married for the case to qualify as domestic assault. The two could be a girlfriend and a boyfriend, a same-sex couple, or even a couple that has since ended its relationship.
If you are an accused in a domestic assault case, you should fight hard because this is a tag that sticks on you for life in form of a criminal record. If you ever end up in a Family Court such as in a custody case, the domestic assault will come back to haunt you. You should, therefore, leave the defence to an experienced law firm like Costa Law Firm. Other possible consequences of a Criminal Record include:
• Indictment, which has a 5-year maximum prison sentence
• Summary conviction, which attracts a 6-month custodial sentence or a $5000 fine
• Limited travel ability (especially to the U.S.)
• Conditional sentence (house arrest)
• Restrictive probation conditions
• Compromised employment, volunteer opportunities, and education
Even if you were involved in the assault and this is proven by the Crown prosecutor, we will give the Judge some background of what led to the assault. Failure to do this means the judge will make a ruling based on the complainant’s side of the story only, which will most certainly be against you.
If there is no proof that the accused in a danger to society, he/she will be released on bail. We will argue in court during the Bail Hearing or Bail Review to not only get bail in a timely manner but to also prevent conditions that are too strict. Common restrictions include being banned from any communication with the complainant and being banned from the family home, both life-altering. We also push for reconciliation where possible.
We will gather evidence aimed at casting doubt on whether you committed the crime on the day in question. We will also get you witnesses who could help your case.
If, because of the strong emotional bond, the complainant chooses to change or recant the story, the Crown prosecutor may still proceed with the trail. In such a case, our criminal defence lawyer Toronto will conduct the trial with the utmost respect to the complainant, only poking holes on the prosecutor’s case and intentions.
If the complainant does not show up, the Crown prosecutor could ask the judge to issue a material witness warrant. In such a case, we will protest the prosecutor’s action and persuade the judge not to issue the warrant, but instead to call upon the prosecutor to withdraw the charges.
It is not uncommon for a complainant or witness to make false accusations in a domestic assault case. This could be in retaliation after the end of a relationship, due to a mental disorder, or in an attempt to gain favor in a Family Court for a better outcome in a future custody dispute. In such cases, we will poke holes in the presented evidence and point out possible motives by the complainant or witness.
Our lawyers have the skills and patience necessary to cross-examine child and youthful witnesses if they are called upon to testify. Call 416-535-6329 to get a FREE 20 minutes consultative session with a criminal lawyer Toronto.