24/7 Emergency Phone - Bail Hearings, Immigration Deportation, Police Interview Requests and Surrender Demands - Call Now!

24/7 Emergency Phone - Bail Hearings, Immigration Deportation, Police Interview Requests and Surrender Demands - Call Now!
(416) 535-6329

Spousal Abuse & Domestic Assault Lawyer Toronto

Domestic Assault Lawyer Toronto

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.

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.

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

Got A Case? Need Legal Help?

Expert Lawyers for Spousal Abuse Cases

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 book a consultation session with a criminal lawyer Toronto.

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.

Domestic Assault Lawyer Toronto

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 to book a consultation session with a criminal lawyer Toronto.

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19
Excellent lawyer with great work ethics, professionalism, knowledge and understanding. I hired him to represent me for traffic violation. He explained me everything about the case and expected outcomes. He studied my case in detail and in the end got the case dismissed. Highly recommended.
Willie Sweeney
Willie Sweeney
16:47 05 Jan 19
My family and I are grateful for the positive experience we had with Costa Law firm. Kowlasar Misir, our Lawyer was extremely honest, thorough and trusting through out the entire process of our family case. We had the pleasure of meeting with Kowlasar for a second time recently and again the help and understanding surpassed my expectations.
Tania E
Tania E
15:14 28 Aug 19
Mr. Costa was a great help with my custody case. He walked me through the process step-by-step and gave me some useful tips. I am relieved now that I got a full custody of my daughter. Back than I was quite shaken by the circumstances and his confidence really was just what I needed.
Jeanne Axy
Jeanne Axy
03:25 15 Sep 19
Back in 2017, my nephew was accused of a fraud over $5000, he was only 19 and my family felt horrible for him. Costa Law did everything to defend him and was able to help him. We are very grateful to David and his team and strongly recommend them.
Katie Quirk
Katie Quirk
12:12 17 Sep 19
David was handling my DUI case and I could not be more grateful. I gave him a call right after I got arrested, he calmed me down and gave me an action plan. I don’t know how things would turn out if I would go with another lawyer. This guy is worth every penny spent on his services.
Clyde Wiley
Clyde Wiley
09:05 19 Sep 19
Costa Law was incredible experience from day one. Very intelligent, compassionate and accessible team, I felt like they actually cared about my case.  I strongly recommend them for criminal defence cases (speaking from personal experience).
Mary Schmitt
Mary Schmitt
04:30 26 Sep 19
Back in 2009 I was a troublesome young man and managed to get a criminal record. Time have passed and I changed, but my record remained as a reminder of my past, reminder that made my life more difficult than needed.  I was referred to David Costa by one of my friends who also had a similar experience. He helped me to get a pardon and today my record is clean. I feel like that weight is finally off my shoulders.
William Palmisano
William Palmisano
03:11 27 Sep 19
Thanks to these guys I was able to close the deal on my dream house! I can’t stop braging about Costa Law, they are an amazing team and deserve all the credit.
Freddy Bishop
Freddy Bishop
02:46 09 Oct 19
My son was arrested for possession of Schedule 1 drug back in January. I was completely mortified. David did an amazing job minimizing penalties, he was there for our family throughout the whole process. I strongly recommend Costa Law to anyone who needs help to deal with criminal charges.
Nicolas Lane
Nicolas Lane
07:50 12 Oct 19
David is so on point! He worked on my criminal defence case, great guy and great outcome. Would give him 10 stars if I could.
Gillian Smith
Gillian Smith
08:50 29 Oct 19
David worked on my sister in law sponsorship application. She is from Bulgaria and the immigration process from that country to Canada is pretty complex. My brother told us David was always reachable, answered every question they had and most importantly, my sister in law is now in Canada with us!
Karen Gallo
Karen Gallo
08:42 08 Nov 19
David is very professional and thorough. He helped me to deal with my speeding over 50 charge. Great job!
Bahareh Shai
Bahareh Shai
19:13 21 Jan 20
Best Lawyer ever! dropped my charges a few years ago, still keep in touch with him! really appreciate his work and effort! life changing ! He's the best lawyer in the field!
Lucy Zimmerman
Lucy Zimmerman
19:29 19 Feb 20
I was refered to David by a good friend of mine, when I needed help the most. It was a difficult time for me and working with him on my side really helped me to get through it. I recommend David and his law firm to anyone who needs help with criminal law.
Terri Burningham
Terri Burningham
03:37 17 Feb 20
I had a DUI charge and was very anxious about it as you can imagine. Looking for a bail lawyer I scheduled meetings at several law firms. Costa was my third meeting and the moment we set down with him I knew he should represent me. He is compassionate and honest guy who genuinely wants best for his clients. I can't thank him enough for all the help with my case.
Sean Keller
Sean Keller
15:12 25 Feb 20
Domestic Assault Lawyer Toronto

Domestic Assault FAQs

What is a Domestic Assault?

The Criminal Code of Canada doesn’t specifically state an offence of domestic assault. Domestic assault is included globally among different types of assault, as outlined in the Criminal Code. This type of assault occurs in the context of a domestic relationship. For more details contact a criminal lawyer near me.

What Makes Domestic Assault Charges Very Serious?

Domestic abuse has become prevalent in our society, which is why such assault charges are taken very seriously by the police and in our courts. Assault affects not only the complainants, but it also has a greater impact on the family unit, particularly the children. If the abuse is not dealt with in a timely and proper manner, there is a high chance of it escalating into violence and a criminal offence. These are some reasons why assault charges are taken extremely seriously.

Will You Involve the Victim Witness Assistance Program?

There are cases where the police may opt to involve the Witness Assistance Program if they think the complainant’s safety is at risk. For those alleged victims with children, the police may contact the Children’s Aid Society to conduct their own investigation, or simply offer support to the complainant.

When do the Police Have Reasonable Grounds to Lay a Charge for Domestic Assault?

Before the police lay a charge for domestic assault, they determine whether there are reasonable grounds based on a particular set of facts. They may rely on a witness statement, injuries inflicted on the complainant or any other damage that is said to be a result of the alleged assault. The information that the police obtain from a 911 telephone call may also be used to lay a charge for domestic assault. The police must have more than just a suspicion that an assault has occurred to lay a charge.

What is an Early Intervention Program?

The Early Intervention Program is a 12-session program that involves a series of counseling sessions that cover relationships, domestic violence as well as anger management. If the accused agrees to the Early Intervention Program, s/he may be allowed to have contact with the spouse/partner provided the complainant gives written revocable consent to allow contact. In most circumstances, the accused has to enter a guilty plea before entering the program. Sentencing is then suspended until the person has completed the program. However, there are special occasions where a guilty plea is not required. For instance, the person does not have to plead guilty when s/he chooses to enter into a peace bond. Upon successful completion of the program, the Crown Attorney may ask that the charges be withdrawn; the person enters into a peace bond or the judge grants a conditional or absolute discharge.

Will the Charges be dropped if the victim doesn’t show up in court?

If your spouse or partner fails to show up in court, the charges will not automatically be dropped. The Crown Attorney may force the complainant to attend court and testify or request, that a warrant be issued for his/her arrest. If the victim had already given a statement under oath, it can be used as evidence at trial even if s/he changes the story.

What Should I do if I Have Been Charged with a Domestic Assault?

Domestic assault charges are some of the most complex offenses, that are taken seriously by our courts. If you have been charged with a domestic assault, get in touch with a criminal defence lawyer immediately. The lawyer will begin working on your case right away, and gather all the facts to put up a strong defence on your behalf.

What Can be Defined as a Domestic Relationship?

A personal relationship between two people can be defined as a domestic relationship. For it to qualify as a domestic relationship, the two people must be engaged in an intimate relationship with each other either as spouses, common-law partners or as girlfriend/boyfriend, same sex partners, etc.

What Happens When the Police Arrive After a Domestic Assault Call?

The police will interview the alleged victim. The police typically split up to also interview the accused along with any witnesses present. After their investigation, and when the police determine they have reasonable grounds to believe that a domestic assault offence has occurred, the accused will be arrested and then held for a bail hearing. The police may also gather evidence (such as photographs of the injuries suffered by the victim) of the domestic assault. They may ask the complainant to visit the police station and make a formal statement. The complainant may be taken to the hospital if required.

Will the Police Lay a Charge When an Allegation of Domestic Assault is Made?

The police will charge the accused, through the crown attorney’s office, when they have reasonable grounds to believe that a domestic assault has occurred. The courts and the police take these charges very seriously.

What Should You do if You are not Allowed to Return Home or to see your Children?

Your lawyer can work towards getting the Crown Attorney to consent to a bail variation. Your bail conditions may be varied if you agree into an Early Intervention Program, and you may be allowed to return home and have contact with your children or spouse/partner. If charged with a domestic assault and you have children with your partner, inform your lawyer, so that conditions can be arranged to allows you to have access to your children.

What is a Written Revocable Consent?

This is a written letter signed by your spouse or partner, which states that s/he wishes to resume contact with the person accused of a domestic assault charge. The accused is not allowed to have any contact with their partner until s/he has provided a copy of this letter. You must always carry a copy of this letter. Your spouse or partner can revoke their consent as they wish at any time.

Can the Police Drop Charges if you Do Not want Your Spouse/Partner to get Charged?

Once a charge has been laid, it is not in the police’s jurisdiction to simply drop the charge. Only his Crown Attorney can request to have the charges withdrawn. The Crown Attorney will exercise caution when the complainant requests that the charges be dropped.

Contact Us About Your Case