Domestic Assault

As domestic assault lawyers, we advise our clients that the court system and crown attorney’s office takes domestic violence very seriously.

The prosecution believes that in a domestic assault situation, the safety of the complainant or victim is paramount.

Where you or a loved one has been arrested for domestic assault, or are being held for a bail hearing, call for legal advice from an experienced domestic assault lawyer.

Call us today at 416-731-7113.

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.

Domestic assaults can include:

• words or threats
• acts or gestures implying an assault
• a physical violence on another person
• implying physical harm or a threat against another person

The police can still make an arrest, even when no physical action or assault took place, but the victim believed there was a threat.

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

• the victim has no control over the arrest
• the victim cannot withdraw the complaint

The victim in a domestic assault allegation cannot:

• ask the police to drop the charges
• ask the crown attorney to drop the charges

Even if the assault is minor in nature, in a domestic situation where there is an allegation of assault the police MUST:

• Arrest the accused
• Take the accused into custody
• Hold the accused until a bail hearing can be held

Upon arrest, the accused will be taken to the police station. Once there they will be held in a jail cell until they can attend a bail hearing before a judge.

Couldn’t be more satisfied with this outcome and I will forever be grateful. I can now proceed with my life without the worry of having a criminal conviction on my record.

Contrary to popular belief, the victim of domestic assault does not lay criminal charges.

The police are responsible for taking action based on information received from a victim or witness. The responsibilities of the police when responding to domestic assault include:

• Make arrests
• Lay criminal charges
• Ensure the safety of all parties involved
• Continue the investigation, even if the victim or spouse does not wish to make any further complaints.

Even if the victim or spouse feels the situation is under control once the police arrive, the police are still obligated to thoroughly investigate the incident.

When facing domestic assault charges, it is essential to have a lawyer experienced in domestic assault allegations.

A domestic assault lawyer can not only protect your legal rights and fight for the best possible outcome in court, but provide valuable guidance and support throughout the entire legal process.

Here are three reasons why you need a domestic assault lawyer when charged:

• A domestic assault lawyer can navigate the complex legal system:
  • The legal system can be overwhelming and confusing, especially when facing serious criminal charges such as domestic assault. A domestic assault lawyer has the knowledge and experience to navigate the system on your behalf, ensuring that all legal procedures are followed correctly and that your rights are protected.
• When being held for a bail hearing, the lawyer can ensure that no onerous conditions on the accused, and ensure the release prior to trial.
• A domestic assault lawyer can present a strong defence on your behalf:
  • A skilled domestic assault lawyer has the ability to evaluate the evidence presented against you and craft a strong defence strategy that can challenge the prosecution’s case, potentially leading to a dismissal or acquittal of charges.
• An experienced lawyer maybe able to obtain a withdrawal or negotiate a favorable plea bargain:
  • In some domestic assault cases, a plea bargain may be the best option for the defendant. A plea bargain may result in reduced charges or a more lenient sentence.

In short, having a lawyer representing you when charged with domestic assault is crucial for protecting your rights, the bail hearing and achieving the best possible outcome in court.

It is important to seek legal advice as soon as possible after an arrest.

These include:

• Arrests in most cases where credible evidence of a crime is present.
  • This means that even if the alleged victim is not willing to press charges,
  • law enforcement officers will still make an arrest in order to protect them and prevent further violence.
• The ability to charge someone based solely on one person’s account of events.
  • This means that even if there is no physical evidence,
  • a person can still be charged with domestic violence if there is credible testimony from the alleged victim or other witnesses.
• Greater emphasis on the protection of the alleged victim.
• Cooperation with other organizations and agencies working to address the problem of domestic violence.

In domestic assault charges the police charge the accused, not the victim or spouse. The victim cannot attend court and ask that the charges be withdrawn, saying they wish to drop the complaint.

The crown attorney, who is assigned to an accused person’s file in a domestic assault case, often knows little about the person being charged.

As a result, prosecutors assume that the accused poses a significant risk for causing injury or serious bodily harm, and even death, to the complainant.

To prevent this outcome, clients should participate in an assessment and counseling program with a registered psychotherapist who has experience working with the courts on domestic assault charges.

By participating in this program, clients can benefit in the following ways:

• improve their mental health
• address any drug or alcohol dependency
• gain insight into the allegations
  • including tools for conflict resolution

At the conclusion of the assessment and counseling, the psychotherapist will provide a report to the crown attorney, which can be used to:

• confirm that the charges can be withdrawn
• change the bail conditions to allow for contact with the victim
• remove restrictions such as not attending the residence
• resume a relationship with the complainant

In summary, participating in an assessment and counseling program with a registered psychotherapist can help clients better understand the charges against them and also provide valuable context to the crown attorney, ultimately leading to more favorable outcomes in domestic assault cases.

Where domestic assault charges are laid the police will fingerprint and photograph the accused. The accused is held in custody until a bail hearing can be held.

The bail hearing is a hearing before a justice of the peace to ensure:

• identity of the accused
• accused will appear in court for trial
• all evidence has been obtained
• accused will not repeat the offence

In a bail hearing, the main concern for the judge is that the accused will not repeat the offence and will appear for court.

Where an accused has been arrested on charges of domestic assault, the police will take the accused to the police station.

The accused will be processed and then placed in a jail cell until a bail hearing can be held, usually the next day.

The bail hearing is a court hearing for a judge to review the case prior to the case going to trial.  At the bail hearing the judge decides if the accused should be released from custody while awaiting for the case to come to trial or not.

The accused should consider a criminal lawyer, versed in domestic assault charges to attend for the bail hearing to ensure their release and to avoid strict bail conditions being imposed by the court.

If the accused is released from custody the judge will normally place conditions on the accused.

The bail conditions may include:

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

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

A 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 condition for domestic assault charges will usually include a prohibition from having contact with the family, family home, including access to children. The accused will be ordered not to have any contact directly, or indirectly with the complainant.

The accused can not even send a message to the complainant through a third party or any other means including:

• text messages,
• social media, or
• mutual acquaintances

The police can monitor these communications and if caught violating bail conditions, the accused will be arrested and charged with Failure to Comply with bail conditions.

As domestic assault lawyers we know that where there is a breach of the bail conditions, the accused will be held in jail until a new bail hearing can be held.  Stricter conditions will be added including curfew, or house arrest or the accused maybe kept in custody.

The bail conditions will remain in place until the matter is resolved.  Where a trial is involved, that could be a year or more from the date of arrest.

Subsequently it is highly recommended that the accused have a lawyer present to insecure that prohibitive conditions are not placed upon them.

Crown attorney’s must follow the governments “crown policy manual” for domestic assaults.

The provincial government requires the prosecution of domestic violence cases where there is sufficient evidence to support a conviction, regardless of the complainant’s wishes.

Crown counsel are instructed to evaluate requests from complainants, and their domestic assault lawyers to discontinue a domestic assault prosecution with great caution. The court believes there is “intolerable pressure” a complainant or victim may face to have the charges withdrawn.

The Crown Policy Manual in Ontario makes clear that the recommended practices with respect to withdrawing and resolving charges apply to cases of family violence just as they do to all other types of charges.

In considering whether to continue domestic assault charges, the Crown counsel must consider whether there is a “reasonable prospect of conviction” and whether prosecution is in the public interest.

The policy manual notes, however, that public interest factors in the domestic violence cases should be “weighed in light of the predominant need to protect the victim.

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”, to 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.

When speaking to a domestic assault lawyer, people often ask what the possible outcomes of their case may be.

While it’s impossible to predict the outcome of any specific court case, it’s common to see one of the following outcomes in cases involving domestic incidents:

• The charges are withdrawn
• The charges are withdrawn due to legal technicalities
• An agreement is made with the Crown attorney, such as:
  • Diversion
  • Probation
  • Peace bond
• The case goes to trial

It’s important to note that the courts and Crown attorneys have strict policies in place for domestic assault cases, but they do have some discretion in how they proceed.

★★★★★  Nicholas solved my domestic assault case exactly as he promised, my criminal charges were dropped at trial.  Nicholas is an amazing domestic assault lawyer. The prosecution didn’t even finish the trial when they asked the judge to withdraw the charges after Nicholas did his cross examination of my accuser. Name Withheld (LawyerRatingZ.com)

An experienced criminal defence lawyer may be able to have your domestic assault charge diverted by having you attend for counselling, either privately, or through a court-approved program such as the PAR (Partner Assault Response) program.

It is often a good idea for the accused person to enroll in counselling right away.

• this is not an admission of guilt,
• but rather a sign that the accused understands the severity of the charge,
• and will go a long way when your lawyer speaks to the crown attorney about the case

If accepted into the diversion program you will be able to go back home to your partner, if he or she consents, shortly after completing a few weeks of the program. In some instances, you may be able to go home as soon as you enroll in the program.

Depending on the seriousness of the assault, and your progress in the program(s), once completed,

• will either have your charges withdrawn
• be required to enter into a peace bond, or you will be required to plead guilty,
• but will avoid a criminal record.

Call us today for more information about defending domestic assault and diversion programs.

In addition to enrolling in private counselling, it is a good idea to start collecting letters of reference and good character about you that can be shared with the crown attorney during a crown pretrial or a judicial pretrial.

Letters can be collected from friends, other family members, neighbours, employers, or other community organizations that you may be involved in.

If you are not involved in any community volunteer organizations, it is also a good idea to start getting involved right away.

It is often looked upon very favourably in court if your lawyer can tell the crown and the judge that you do community service work, and this could even be applied towards the resolution of your case.

Depending on the seriousness of the assault, and your progress in the program(s), once completed,

• will either have your charges withdrawn
• be required to enter into a peace bond, or you will be required to plead guilty,
• but will avoid a criminal record.

Call us today for more information about defending domestic assault and diversion programs.

When a case of domestic assault comes to trial the crown attorney and court will consider:

• was the assault minor or serious in nature
• any history of police involvement
• any history of previous domestic assaults
• 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 and feelings about the case, for example:

• do you want to resolve the matter, or
• is this a case where you have been wrongly accused, or
• do you dispute the allegation and should the case go to trial

In criminal defence experience counts.

Knowing the law, the application of it, the people involved, and 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.

As defence lawyers our job is to show the court that the incident:

• did not happen, and the charge should be dropped, or
• 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, your lawyer to make the accused aware of the serious nature of these charges.

Where you have been charged, call our offices to speak to a defence lawyer with experience in domestic disputes and allegations that can help you.

★★★★★ Nicholas went out of the way treating me like a family member. 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 skilled lawyer with the compassion of a friend more like family. Thank you for everything. NameWithheld LawyerRatingZ.com

Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.