Domestic Assault

As domestic assault lawyers, we know that assault charges are treated seriously by the courts.

The criminal courts will not consider a domestic assault a “simple misunderstanding” and dismiss the charges.

The victim cannot ask the police not to arrest or appear at the court asking for the charges to be dropped.

Where you or a loved one have been arrested and or are being held in a bail hearing, it’s is important to speak to a lawyer experienced in domestic assault cases as soon as possible.

Where legal advice is delayed, the accused may find that they are held in custody with restrictive bail conditions placed upon them.

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.

When an assault occurs between people who have a domestic relationship:

• the police are directed to make an arrest,
• remove the accused from the home, and
• away from the other party

The police will arrest accused and take them into custody.  The accused will be held by the police until they can be brought before a justice of the peace for a bail hearing.

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:

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

Unlike many other types of situations, the police have no discretion in domestic assault allegations.  Where the police have grounds to believe a domestic assault occurred, even if the assault is very minor e.g. a push or shove, the police are required to arrest and remove the accused.

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

In domestic assaults the police lay the charge, not the victim.  Nor can the victim attend court and ask that the domestic assault charge be withdrawn, saying they wish to drop the complaint.

Many people mistakenly believe that it’s the victim of the assault who is laying the charges.

This is not true, the police are laying the criminal charges on information they have received from a witness (the victim in the domestic assault).

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 victim cannot withdraw the complaint thinking that doing so will drop the charges.

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.

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 prosecutions.

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.

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 outcomes for 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 or
  • peace bond
• 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.

★★★★★  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 when they asked the judge to withdraw the charges after Nicholas did his cross examination of my accuser. Name Withheld (LawyerRatingZ.com)

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

• did not happen, and the charge should be dropped, or
• 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.

★★★★★ 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.