Domestic Assault Lawyer

How to Win a Domestic Assault Case

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

Our Defence

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.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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