Domestic Assault - Trials for Domestic Assault
This will help preserve his memory of the events. If he/she has suffered any injuries as a result of the incident, these should be properly documented and photographed.
The police should not be relied upon to document and photograph injuries of the accused.
At the court trial, the complainant will usually be called as a witness by the prosecution to prove the case against the accused. In some situations the witness may testify to a different set of circumstances than that complained of to the police.
Alternatively, the witness may testify that she has forgotten what happened. In either situation this will likely result in the Crown making an application to the court to have the witness declared a hostile witness or to have other previously recorded evidence admitted against the husband.
The complainant may not be present at the trial for various reasons. Depending on the circumstances of the case sometimes this will work in the accuseds favour and sometimes it will not. At the conclusion of a trial there will usually either be a finding of guilty or not guilty.
A finding of not guilty ends the matter and the accused person is free to resume his life as it was before the charge.
A finding of guilty is followed by the sentencing process. Sentencing may or may not result in jail time. It will, however, usually result in some period of probation. Probation orders typically include conditions that require the accused to attend some form of counselling and not to have any contact with the complainant except with her written and revocable permission.