Toronto Domestic Assault Lawyers
As Toronto domestic assault lawyers, Charitsis Law defends individuals charged with domestic violence allegations in the Toronto courts and throughout the GTA.
Our team of domestic assault lawyers delivers experienced, high-quality defence, providing clear guidance, strong defence strategies, and a full understanding of what to expect at every stage of your case.
Being charged with domestic assault not mean you will be found guilty. As criminal lawyers in Toronto, our defence team has successfully defended hundreds of drivers using proven defence strategies that help clients win their cases and avoid the serious consequences of a domestic assault conviction.
Our Role as Toronto Domestic Assault Lawyers
As Toronto domestic assault lawyers, our role is to guide you through the court process and address the allegation based on the evidence and surrounding circumstances.
As Toronto domestic assault lawyers our role to you is:
- Provide clear legal advice: We explain the allegation, the court process, and the options available so you can make informed decisions about your case.
- Communicate with the Crown Attorney: We review the evidence, speak with the Crown on your behalf, and address issues such as bail conditions and resolutions.
- Defend and represent you in court: If the case proceeds to trial, we challenge the evidence and advance the defence on your behalf.
We review the disclosure with you, assess the strength of the evidence, and communicate with the Crown Attorney to work toward resolving the case in a way that reflects the facts and circumstances.
If you need to speak with a domestic assault lawyer, call Charitsis Law at 647-930-0200.
Domestic Assault Charges in Toronto
Our job as domestic assault lawyers in Toronto, is to provide you with legal advice, explain and take you through court process, and represent you dealing with the crown attorney and court.
Under assault provisions of the Criminal Code of Canada, assault can include applying force to another person without their consent. In some situations, even brief physical contact during an argument can lead to a criminal charge if police believe an offence may have occurred.
Domestic Relationships in Assault Cases
Domestic assault cases in Toronto usually involve people who are in an intimate or family relationship. These situations can arise between:
- spouses, common-law partners, or former partners
- people who are dating or in an intimate relationship
- family members living in the same household
Because of the personal nature of these relationships, domestic assault cases are often handled under specific Crown policies that apply to intimate partner violence matters.
Why Domestic Assault Charges Are Laid
Domestic assault charges in Toronto are laid by the police, not by the person who maybe making the complaint or the victim.
When officers respond to a domestic call, they must determine whether there are reasonable grounds to believe that an assault has occurred. If those grounds exist, domestic violence policies in Ontario require police to make an arrest, even if the person who contacted police does not want the accused charged.
The accused person is arrested and removed from the residence, taken to the police station where they are processed and held for a bail hearing at the Toronto Regional Bail Centre (TRBC) at 2201 Finch Ave W. in Toronto.
Understanding the Roles in a Domestic Assault Case
Once a charge is laid, the roles of the people involved are different from what many people expect:
- The Police officers are laying the criminal charge, not the complainant,
- The complainant is the witness or victim in the case.
- The Crown Attorney is the one who decides how the case proceeds in court.
Because the charge is laid by police, the witness cannot withdraw it. The decision to withdraw the charge or continue the prosecution is made by only the Crown Attorney, based on the evidence and the surrounding circumstances.
When a Complainant Changes Their Statement
In some domestic assault cases, the complainant later tells police or the Crown Attorney that they no longer want the case to continue. This situation is sometimes referred to as a recanting wLegal Definitionsitness.
However, the complainant does not control the prosecution of the charge. Once the Toronto Police Service has laid the charge, the complainant cannot withdraw it.
Only the Crown Attorney has the authority to withdraw a domestic assault charge after reviewing the available evidence and determining whether the case should continue.
Domestic Assault Penalties in Toronto
If a person is convicted of domestic assault, the court may impose a number of criminal penalties depending on the circumstances of the case and the accused’s prior record.
Not every domestic assault charge results in a conviction, but it is important to understand the possible consequences if a conviction occurs.
Possible penalties can include:
- Criminal record – A conviction for domestic assault usually results in a criminal record. This can affect employment opportunities, professional licensing, and travel to certain countries.
- Probation and no-contact orders – The court may impose probation with conditions such as counselling, anger management programs, or restrictions on contacting the complainant.
- Custody (jail) – In more serious cases, or where there is a prior history of violence, the court may impose a period of incarceration.
- Firearms prohibition orders – A conviction can result in an order prohibiting the possession of firearms for a specified period of time.
A criminal record is often the most significant long-term consequence of a domestic assault conviction. For this reason, call and get advice today from our Toronto domestic assault lawyers.
You can speak directly with a lawyer at Charitsis Law now by calling 647-930-0200 for a confidential consultation.
Defending Domestic Assault Charges
Defending domestic assault charges requires a careful review of the evidence and the circumstances surrounding the allegation. As your lawyer we’ll examine the disclosure, assess the strength of the Crown’s case, and provide advice on how the defence should prepare.
Domestic assault cases often involve private disputes between people in an intimate or family relationship. In many situations there are no independent witnesses, and the case may depend largely on the statements of the complainant and the accused.
Common Defence Issues
Some of the common issues that arise in domestic assault cases include:
- conflicting accounts of what occurred between the people involved
- lack of independent witnesses or supporting evidence
- inconsistencies in statements provided to police
- questions about whether an assault occurred under the law
After reviewing the disclosure, our Toronto domestic assault lawyers can explain the available options and determine how the allegation should be addressed based on the evidence and the surrounding circumstances.
Meet Our Toronto Domestic Assault Lawyers
The Toronto domestic assault lawyers at Charitsis Law defend individuals charged with assault offences in Toronto and throughout the GTA, supported by over 25 years of criminal defence experience in Ontario courts.
What To Do If You Are Charged
If you have been charged with domestic assault in Toronto, it is important to understand the court process and obtain legal advice before your next court date. Contact Charitsis Law to speak with a Toronto domestic assault lawyer who can review the evidence with you, explain how we can help, and represent you in this matter.
There are several important steps people should consider after being charged:
- Do not contact the complainant if a no-contact condition is in place. Breaching a release condition can lead to additional criminal charges.
- Review the disclosure carefully with a lawyer so you understand the evidence and how the allegation may be addressed.
- Attend all scheduled court dates at the Ontario Court of Justice to avoid further legal complications.
Taking these steps early can help you understand the evidence, prepare for your court dates, and make informed decisions about how to address the charge.
Bail Conditions and No-Contact Orders
In many domestic assault cases, a person is released from custody with conditions imposed by the court after a bail hearing. The bail conditions are intended to prevent further conflict while the case is before the court.
Common bail conditions in domestic assault cases may include:
• no contact with the complainant
• not attending the family home or residence
• restrictions on communication through phone, text, or social media
• limits on possessing firearms or other weapons
These conditions can have a significant impact on daily life, particularly when the accused and the complainant live together or share children.
Bail Variations
In some situations, the original release conditions may be stricter than necessary. For example, the parties may later wish to resume communication or make arrangements involving children or shared property.
In those circumstances, it may be possible to apply to the court for a bail variation to change certain conditions of release. Our Toronto domestic assault lawyers can review the existing conditions and advise whether a variation may be appropriate.
Speak With a Toronto Domestic Assault Lawyer
If you have been charged with domestic assault in Toronto, it is important to obtain legal advice before your next court date. A criminal charge can affect your freedom, your employment, and your future, and the steps taken early in the case can make a significant difference.
At Charitsis Law, we provide a free and confidential case review for individuals facing domestic assault allegations in Toronto. During that conversation, we can review the circumstances of the allegation, explain how the court process works, and discuss how we can help represent you in this matter.
If you need legal advice about a domestic assault charge, call 647-930-0200 to speak with a Toronto domestic assault lawyer.
Domestic Assault FAQs
Q. Can domestic assault charges be dropped in Toronto?
A. Once the Toronto Police Service lays a domestic assault charge, the complainant cannot withdraw it. Only the Crown Attorney has the authority to withdraw the charge after reviewing the available evidence and determining whether the case should proceed.
Q. Can the complainant ask the court to drop the charge?
A. The complainant may tell police or the Crown Attorney that they no longer wish to proceed with the case. However, the decision to withdraw a domestic assault charge is made by the Crown Attorney, not by the complainant.
Q. Can I contact my spouse after a domestic assault charge?
A. In most domestic assault cases, the court imposes a no-contact condition when a person is released from custody. Contacting the complainant in violation of that condition can result in additional criminal charges. If communication becomes necessary, a lawyer may be able to seek a bail variation to change the conditions.
Q. Will I get a criminal record for domestic assault?
A. A conviction for domestic assault usually results in a criminal record. A criminal record can affect employment opportunities, professional licensing, and the ability to travel to certain countries.
Q. Can counselling help in a domestic assault case?
A. In some situations, counselling or anger management programs may be considered while a domestic assault case is before the court. These steps do not automatically resolve a criminal charge, but they may become relevant depending on the circumstances of the allegation and the evidence involved.
Our domestic assault lawyers can review the details of your case and discuss whether counselling or other steps may be appropriate as part of the overall defence strategy.
Q. What happens at the first court appearance for domestic assault?
A. The first court appearance is usually brief and administrative. The Crown Attorney will confirm whether the accused has received disclosure, which is the evidence gathered by the police. The case is typically adjourned to allow time to review that material and obtain legal advice.
Q. What is a peace bond in a domestic assault case?
A. In some situations, a domestic assault case may be addressed through a peace bond under section 810 of the Criminal Code. A peace bond is a court order that places conditions on a person for a period of time, such as keeping the peace and having no contact with the complainant.
Q. Can bail conditions be changed in a domestic assault case?
A. In some cases, it may be possible to apply to the court for a bail variation to change certain release conditions. This may occur if circumstances change, such as when communication between the parties becomes necessary or living arrangements need to be addressed.
