Domestic Assault Charges

Domestic Assault means that one person who has a family relationship with another person assaults that person with acts or threats of violence. A common example is where one spouse assaults or threatens the other spouse.

Where this happens and the police are notifed, the police will attend and arrest the person who is allegated to have commited the assault.

The police will arrest that person and take them into custody and charge them with the criminal offense of Domestic Assault. At the police station the police will allow the accused the opportunity to speak with a lawyer or duty council. The police will not arrest the accused but will keep them in custody until a Bail Hearing can be held.

For the Bail Hearing the accused should be represented by a lawyer. Normaly bail hearing may take place the same day, the next day, or at the next available time that the accused can be brought before a Judge or Justice of the Peace.

At the Bail Hearing normally the accused will have legal conditions placed upon them before they will be allowed out of Jail.

1. That the accused not communicate either directly or indirectly with the other spouse,
2. That the accused not attend the home address.

The bail condition of staying way from the home can be placed on the accused by the court even in a situation where the accused is legal owner of the property. This means that the accused is forced to find another place to live until the matter is concluded.

The court may consider removing this Bail Condition if an application is brought before the Superior Court of Justice by the lawyer for the accused. A lawyer may be able to persuade the crown prosecutor to consent to a variation in the bail under certain conditions.

Bail conditions should be discussed with a lawyer. A lawyer will work to understand the issues of the client and the total issues involving the domestic assault. The lawyer will work to educate the accused as to what their options are and recommend a course of action. For domestic assualt matters obtaining the services of a criminal lawyer is recommended. More...

The Investigation
Trying To Get The Charge Withdrawn
Timelines
The Trial