Domestic Assault

A domestic assault is 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 domestic relationship, 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.

As domestic assault lawyers we know assault charges are treated seriously and will not be waved off as simple misunderstandings. Where you or a loved one has been arrested for an assault or are being held in a bail hearing it’s is important to seek qualified legal advice as soon as possible.

Give us a call today at 416-731-7113 to discuss your charge.

The Criminal Code of Canada s.266 defines domestic assault as:

A domestic assault occurs 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 other levels of an assault from a simple assault called a “common assault”, assault causing bodily harm and spousal or domestic assault.

A 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.

In speaking to a domestic assault lawyer, people ask what will be the outcome?  Although we cannot predict any court case usually we see one of these three outcomes for domestic incidents:

• the charges are withdrawn due to legal technicalities
• an agreement such as diversion, probation or peace bond is arranged with no criminal record or going to trial
• the case goes to trial

Although the courts and crown attorneys have a strict policy on domestic assaults, they do have some discretion as to how to proceed with the charges.  In reviewing a  case of domestic assault these factors are be taken into consideration:

• was the assault minor or serious in nature.
• 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 counselling.
• what are the wishes of the victim, e.g. does the victim want the accused back in the family?

As your domestic assault lawyer we consider your position, as in do you want to resolve the matter or is this a case where you have been wrongly accused and the matter should be withdrawn or proceed to trial?

In criminal defence experience counts. Knowing the law, the application of it, 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 than others and as domestic assault lawyers we understand these issues.

Showing prosecution and court that the victim and accused wish to reconcile will be an important factor to the crown. The crown attorney will be looking to see is there a risk of further domestic assault.

As a domestic assault lawyers our job is to show the court that the incident was:

• an isolated incident
• that it 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.  Where you have been charged, call our offices to speak to a lawyer with experience in domestic disputes and allegations.

★★★★★  Nicholas solved my domestic assault case exactly as he promised. My 5 criminal charges were dropped after trial. Nicholas even went as far as destroying my fingerprints and police record of arrest after my case was completed. Nicholas is an amazing domestic assault lawyer. He exposed the lies of the police and my ex wife that made up a story to get me charged. The prosecution didn’t even finish the trial and asked the judge to withdraw the charges after Nicholas did his cross examination of my accuser. Name Withheld (LawyerRatingZ.com)

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.

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 criminal domestic assault 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.

★★★★★ I hired Nicholas after reading all of his reviews and recommendations given to me by others that had used him. I needed a domestic assault lawyer and wasn’t sure if he got involved with these matters. He went out of the way treating me like a family member, and made sure that everything was going to be ok. It’s rare that justice is found in cases with domestic assault, but as my lawyer Mr. Charitsis made sure everyone understood the facts and how the complaint was exaggerated by the police. I would absolutely recommend Nicholas to anyone who is looking for a sharp skilled lawyer with the compassion of a friend more like family. Thank you for everything. NameWithheld LawyerRatingZ.com

You’re not guilty unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.

As a criminal defence lawyer I have years of experience helping people accused of domestic assaults and I can help you.

Together with my network of legal professionals we have been able to help thousands of people looking to do everything possible to win and be properly represented in criminal court.

Knowing the court system, police, crowns and judges and having them know you can have dramatic implications. Experience does count in criminal defence. We know how to fight for our clients and present compelling and aggressive defence arguments.

We stake our reputation on doing everything possible to win your case, ensuring the best possible defence with the reviews and winnings to prove it.

Call today at 416-731-7113 to discuss your criminal defence today.