Domestic Assault

Domestic Assault Lawyer

Nicholas Charitsis is a Toronto lawyer who specializes in domestic assault charges for the Toronto and area courts. Consultations for assaults charges are conducted at no charge by calling 416-878-2275 or contacting our office.

Any assault charges are treated seriously but domestic disputes will not be waved off as simple misunderstandings.

Anytime you have been arrested by the police it’s is important to seek qualified legal advice as soon as possible.

As a criminal defence lawyer I specialize in helping families with criminal charges and I can help you.

Give me a call at 416-878-2275 to get immediate legal advise without fee or obligation.

What is a Domestic Assault?

A domestic assault as an assault between two or more people that have a relationship with each other, dating, married, common law or have a family relationship.

Where an assault occurs between people who have a relationship with each other, the police are directed to make arrests and remove the accused from the home and away from the other party.

The police will take the accused into custody until the accused can be brought before a justice for a bail hearing.

A Domestic Assault Occurs When;

The Criminal Code of Canada defines domestic assault as;

A domestic assault is defined when,

  • Without the consent, force is intentionally applied,
  • Directly or indirectly assaulting another person, or he or she
  • Attempts or threatens, by an act or a gesture,
  • To apply force to another person if that other person to believes upon reasonable grounds that the person has the ability to commit that assault,
  • Or by a person who openly wears or carries a weapon or an imitation thereof, and that person accosts or impedes another person or begs.

There are many levels of an assault from a simple assault called a“common assault”, assault causing bodily harm to spousal or domestic assault.

The domestic assault does not have to be injury or physical harm caused, where there is contact it maybe minor in nature, or it maybe an act, gesture or threat.

The Police Must Arrest for Domestic Assaults

When the police respond to a domestic assault and there is evidence that an assault has occurred, the police must arrest the accused and take them into custody.

Even if the assault is very minor in nature, the police must arrest the accused and remove them from the home.

A domestic assault maybe;

  • A physical assault on another person
  • Acts or gestures implying an assault
  • Words or Threats
  • Implying physical harm or a threat against another person.

Unlike many other types of situations, the police have no discretion in domestic assault allegations, even if the assault is very minor e.g. a push or shove, the police are required to take action.

Once arrested the police will take the accused to the police station and hold them in jail until they can be brought before a justice for a domestic assault bail hearing.

Police Lay the Domestic Assault Charges

Once the police have arrived the spouse may feel that the situation is now under control.

The victim or spouse may not wish to make any further complaints to the police, but the police will still continue the investigation.

If the police have any reasonable grounds to believe that a domestic assault has occurred, the police will arrest the accused person and take them into custody.

The victim has no control over whether or not the police arrest the accused.

The complainant in a domestic assault allegation cannot ask to drop the charges, nor can they attend court at a later date and ask that the domestic assault charge be withdrawn.

At court Crown Attorneys are directed and mandated on how to proceed with domestic assaults, and the accused needs to have a lawyer representing them.

Special Criminal Prosecutors maybe assigned to deal with the assault charge to ensure that strict mandates are followed for a domestic assault prosecution.

Why The Strict Policy for Domestic Assaults?

The Ontario Government, Courts and Police have learned that historically where a domestic assault has occurred that unless corrective action is taken the likelihood of a more serious domestic assault will occur.

The government also has learned that people who are emotionally involved with each other many not fully understand and appreciate what is happening and some outside intervention maybe required so that the assault does not escalate.

Subsequently the focus of the courts and the police is that the assault has stopped, will not occur in the future and that the accused understands that domestic assaults are not tolerated in Canada.


Penalty for Domestic Assault

The penalty for a domestic assault can include jail, fines and restrictive bail conditions.

The accused may not be allowed to return home and be required to find some else to live.

Before the accused is released from jail the police usually will have a bail hearing to ensure that before the accused is released that they follow strict conditions imposed by the court.

As with all criminal charges, the accused is subject to having their fingerprints and photograph taken.

If found guilty the accused will have a criminal record for life.


Bail Hearings for Domestic Assaults

Once called to the domestic assault, the police will arrest the accused and take them way, usually in handcuffs to the police station.

At the police station the accused will be processed and then placed in a jail cell awaiting a bail hearing.

The bail hearing is for a judge to review the case and to decide if the accused should be released from custody while awaiting the trial. The accused should consider a domestic assault lawyer attend for the bail hearing or erroneous conditions may be imposed by the court.

If the accused is released the judge will normally as a result of a request from the crown attorney and the police place conditions on the accused.

The bail conditions usually include;

  • the accused have no contact with the victim
  • the accused not live at the same address as the victim
  • the accused not consume alcohol or any drugs, and
  • any other condition that the court may want to impose

If the accused agrees to the conditions the court will usually release the accused on a recognizance.

The recognizance is a promise by the accused to abide by the conditions imposed by the court. If the accused breaks the conditions they can be arrested and held in custody until the trial date.


Bail Conditions for Domestic Assaults

Many times the courts and police will impose bail conditions that are erroneously hard on the accused and or their family.

Subsequently it is usually favorable to have a bail hearing lawyer present to speak on behalf of the accused to ensure that any bail conditions are not debilitating.

Once released on the recognizance to change any of the conditions of the release a new hearing would be required to amended or change any of the conditions.

Most hard on families will be that the accused may not be allowed to return to the family home or have contact with their spouse while on release.

As a domestic assault lawyer discussing and addressing the bail conditions will be one of the first issues we will address with the accused.


How Can I Get My Domestic Assault Charge Dropped?

While defending persons charged as a domestic assault lawyer it comes down to explaining your situation to the crown attorney and resolving the matter either though a outright withdrawal of the charges or a resolution where there is no criminal conviction registered.

As with many criminal charges experience counts.

As a criminal lawyer knowing the people involved, the officers, crown attorney’s and judges is important to the ultimate results for domestic assault charges.

Different crown attorneys and judges are more open minded to resolutions and withdrawals of criminal charges than others and as experienced lawyers we understand these issues.

In preparing the legal defense to a domestic assault charge the judge and prosecutor will be looking at;

  • Was the assault minor or serious in nature.
  • What lead up to the assault?
  • Is there any history of previous domestic assaults, or police involvement.
  • What is the background of the accused, are they working, position in the community and what is their reputation.
  • What has the accused done since the assault, e.g. alcohol or anger management counseling.
  • What are the wishes of the victim, e.g. does the victim want the accused back in the family?

Showing to the crown attorney that the situation is such that the victim and accused wish to reconcile will be an important factor to the crown.

The crown attorney will be looking to see that there is no risk to of a further domestic assault will be instrumental in having a withdrawal of the domestic assault charge or a favorable resolution that the accused can function and live with.

As a domestic assault lawyer my job is to show the crown attorney and court that this was an isolated incident that was totally out of character for the accused and that the situation will not repeat itself and have the charges dropped.

As well the courts will want us to make the accused aware of the serious nature of these charges.


Toronto Domestic Assault Lawyer

As a Toronto lawyer one of the areas I specialize in is domestic assault law.  I have years of experience in defending domestic assaults and I know how to defend you in this situation.

You may feel that this charge has changed your life forever, that’s not true, and a Toronto domestic assault lawyer I have successfully helped hundreds of people.

Should you speak to a lawyer about your charge? Yes, I can tell you all about the charge, what happens at court and how I can help you.

There is no charge to come and discuss your case. Call now at 416-878-2275.


Just Because the Police Charged You, Doesn’t Mean Your Guilty.

As a criminal lawyer I know the police do make mistakes and they don’t win every case. Most times with domestic assault charges there are two (2) sides to the issues. Domestic assault trials can be won. Many times there are compromises and solutions other than being found guilty of domestic assault charge.

When you discuss your charge with me, a lawyer with years of trial experience with criminal charges involving families in the Toronto area, you’ll learn that I can help you.

When it comes to fees, I am one of the most affordable lawyers in Toronto. You don’t have to pay the whole fee up front and I offer payment plans to fit your situation. A reasonable deposit gets me working to fight your case.

I offer a free initial consultation to discuss your case in detail, either at my office or a place convenient to you. Contact me to discuss your case free of charge.

About Domestic Assaults

Criminal Law Practice

Toronto Criminal Lawyer Reviews
Keron Keir
20:28 16 Nov 17
The best damn lawyer in the city. Got me out of many jams. ALWAYS comes through. Not cheap but worth every penny. You cannot put any price on FREEDOM. He's my man.
Samuel Arutsothy
15:09 07 Nov 17
This is the honest to God truth. You get what’s you pay for. With Nicholas Charitsis his fees were high but the results were worth it. My DUI and Domestic cases were both dropped after I hired him to represent me. Other lawyers were quoting lower fees but couldn’t guarantee the results. With Nicholas I had my mind at ease because he promises everything would be dropped. I’m sure glad I trusted him because it made the entire process easy and painless. He attended all of my Court dates and updated me every step office the way by regular and consistent emails. His law clerk Montana is incredibly helpfully and pleasant. The only criticism I have is that if you want to speak with Nicholas directly on the phone it takes a few days for him to return calls. It’s a small price to pay for the excellent results he delivers. Even though Montana is always available to answer questions about the case sometimes it feels better to get the news from the man himself. Obviously he’s so busy for a reason. Nicholas truly is the bests criminal lawyer in Toronto.
Marcos Pangilinan
04:32 05 Nov 17
A very good lawyer to have. Very helpful staff. I had no doubts on the positive outcome of my matters being handled by Mr. Charitsis and Ms. Montana.
Gina Rock
20:55 11 Oct 17
Nicholas is a fantastic lawyer, not only was he extremely professional and knowledgeable but also compassionate. He genuinely cares about his clients and works hard to help them. He doesn't "sugar coat" and give false hope but instead fights to give his clients the best outcome! I highly recommend him. He is well worth the cost, with Nicholas representing you you will never feel like just a number, he takes pride in what he does and does it very well. I can't say enough... Thank you Nick for everything!
Robad Panamo
15:22 20 Sep 17
Nicholas is the best lawyer in Toronto. He worked hard to drop all of my friends charges. The crown attorney was trying hard to put him in jail. Even at the trial after the case was dismissed Nicholas approached the police officer that charged my friend to get his name cleared after the domestic assault trial finished all charges dropped. We then got the person who made up the charges arrested for Fraud. Wow I can't believed how amazing Nicholas is!
martin urraburu
21:37 27 Jul 17
Studying to become a paralegal and with my acceptance to law school, it has never been more thorough and understanding with the advice and pointers of Nicholas Charitsis. Being one of Toronto's top Criminal Defence Lawyer's he knows his clients and the Law. His high quality negotiating traits have earned his client's great success in and outside the courtroom. An all around gentleman gives his client's the comfort they need while undergoing such stress a criminal charge can bring into someone's life. You need experience and dedication to take on such challenging situations, and Nicholas Charitsis will demonstrate that in his practice of criminal law. I recommend that if anyone out there has any case involving the justice system to give his office a call, he will work around the clock to help you move on. From resolving your matter to destroying your finger prints after your issue has been dealt with. Call the Law office of Nicholas Charitsis.
Robina Cheema
15:45 27 Jul 17
Nick is the BEST criminal defense lawyer in Toronto. He's very knowledgeable and get's things done. The judges all know him and respect him. The Best decision I made was to hire him as my lawyer. His fees were worth every penny to clear my name from the police records. I would highly recommend Nick if you're in Need if the BEST criminal lawyer.
Konstantinos Papatolikas
19:17 28 Jun 17
You will never meet a more honest individual who actually cares about people and puts his clients first. I went to see Nicholas about a criminal charge that I was stressing over for months. He came up with a solution right away. He didn't even charge me for his time. I should have gone to see him sooner than I did because I left his office feeling calm and confident about my situation. I eventually hired him and he was able to get all of my charges dropped. I would recommend him to anybody in need of the best criminal lawyer.
Survivor 101
04:02 28 Jun 17
From the start Nicholas had his word . He promised me everything will be okay and we will get those charges gone . He stuck with his word and he fought for me . I had false accusations against me for something I didn't even do . I endured the pain and suffering for months, at times I felt hopeless. Some nights I couldn't even sleep. Nicholas was reassuring , clear , and confident . He knew what he had to get done and he did . If you have any case leave it to him ...you will not be disappointed. The most rewarding part for him is helping people out of his own good heart like he helped me . I would also like to thank his law clerk Montana for being so patient and understanding . Thank you Nicholas Charistis to you for giving me my life back .
nick petrou
16:55 23 Jun 17
This is how good Nicholas Charitsis is: Today he got my case thrown out at the old city hall court. He literally explained the law to the judge and the prosecutor and took complete control of the process. I was sitting in the courtroom thinking this guy is THE MAN and he's MY LAWYER . I couldn't have been happier. By hiring him I got piece of mind and excellent results. Had to switch lawyers from another firm until I found him. Thank goodness I did!
Susan Khalili
12:59 02 Jun 17
I was arrested for DUI and foolishly thought that I could deal with the case on my own. After several useless court appearances and getting ridiculed by a judge it was time for me to hire the services of a professional. I searched and searched until I found the best rated DUI lawyer in Toronto. I called the law offices of Nicholas Charitsis and was greeted by his friendly assistant Montana Brown. She was able to set up a meeting with Nicholas within 24hours. When I arrived at his office there was a bit of a wait since Nicholas was running late with his other meetings. His assistant was very pleasant and made me feel extremely comfortable while I was in the waiting room. Nicholas then came out to greet me and brought me into the meeting room. He was polite and very professional. He meticulously walked me through the process of my criminal case by mapping everything out on a large whiteboard. He explained each and every step of what he would do and how long it would take to do it. It was amazing! I felt completely informed and finally knew what to expect for the case. After everything was said and done my charges were dropped and I saved my driver's licence. Nicholas is truly the best DUI lawyer out there. All of the positive reviews are completely true.
Helen Wu
22:14 02 May 17
I have to say that I am very happy that I hired Nicholas for my domestic assault case. This is my honest review. I found Nicholas very approachable and likeable. After interviewing several lawyers before him, I decided to hire Nicholas the same day I met him. He had a lineup of clients waiting for him, which I liked because it gave me confidence that he was a good lawyer. He wasn't on call for me all the time but I found him to communicate fairly effectively. He would sometimes respond to my e-mails at late hours, which is something I found to be very good because it showed him to be a hard worker. Sometimes I needed to contact him a couple times because he was busy but it ended up being ok. It was definitely a small sacrifice. He did communicate very well in general. He has an amazing memory and somehow remembers my case when I speak to him on the phone without him even having his notes. His work is top notch. He really takes the time to make sure everything is in order. I am very satisfied.
Karen Singh
23:23 25 Apr 17
Nicholas has helped me and family out a few times in the past. He's always easy to get a hold of and ready to help out when we need him. His fees are reasonable and he is completely honest about what the outcome will likely be. Each time I've used him, Nicholas has exceeded my expectations with the results. My family and I trust him 100% and would recommend his office without hesitation. He's the best lawyer in the 905 and 416 for sure.
Bryson Hood
14:57 13 Apr 17
This guy is awesome. I had 9 prior convictions for driving under suspension and a new charge of dangerous driving. I don't know how he did it but Charitsis kept me out of jail. He is an incredible lawyer. When we finished my case at the Newmarket court his colleagues were giving him high fives for getting the result that he did in my case. I should also mention that his assistant Montana is extremely helpful and pleasant. She talked me through the whole ordeal and made me feel safe and confident that Nicholas would come through for me. I give him all the credit for solving this terrible situation I was in. He is worth the extra costs
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Nicholas Charitsis, Portrait