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Spousal Abuse & Domestic Assault Lawyer Toronto

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 our experienced domestic assault lawyers from Costa Law Firm.

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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

Defence You Can Expect from Our Domestic Assault Lawyer

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.

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Expert Domestic Assault 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 to book a consultation session with a criminal lawyer Toronto.

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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.

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