Domestic Assault, Domestic Abuse, Spousal Fighting, Wife Abuse, Wife Beating, Spousal Assault – Call (647) 932-8599
DOMESTIC ASSAULT (SPOUSAL)
Defined broadly domestic violence consists of an isolated or a pattern of abusive behaviours by one or both partners in a relationship such as marriage, dating, family, friends or common law union.
If you or someone you know has been involved, needs advice concerning a domestic assault, or charge contact Impact Law® immediately.
DOMESTIC ASSAULT IS A SERIOUS CRIMINAL CHARGE
A domestic charge is very serious and considered aggravating in nature. In fact, many courthouses have designated a team of Crown Attorneys whom specifically prosecute these matters.
Typically, in a domestic charge a complaint from one person to the police regarding the behaviour of another person, which may involve violence, criminal harassment or the utterance of threats, is alleged. Subsequently, the police will arrive to the alleged scene of the incident, usually a dwelling and will arrest the ‘so called abuser’.
Irrespective of whether there are any physical injuries, the alleged abuser may likely find his/her self-facing serious criminal charges. Even if, the complainant subsequently does not wish the matter to go forward, the Crown Attorney will decide whether the charges will continue based on a reasonable prospect of conviction. The Crown Policy Manual states that domestic matters “should be prosecuted as vigorously as other serious criminal matters”. In all likelihood, the Crown Attorney will not withdraw the charges and will proceed to trial.
BAIL CONDITIONS
Typically, a charge of domestic assault will inevitably bring with it bail conditions. For example, the accused person will be restricted from any direct or indirect communication with the complainant, or from entering the domestic residence.
An experienced lawyer may often get your bail conditions varied either on consent with the Crown Attorney or by a contested hearing in front of the judge.
DEFENCES TO DOMESTIC ASSAULT
Impact Law® is experienced with domestic assault cases and can assess your case and advice you on your best available defences. For an in-depth review of available defences, please read our article on Assault.
A criminal conviction carries serious consequences to your reputation, employment and liberty. At Impact Law®, we will discuss what options are available to you before you enter an unfamiliar courtroom. For more information and in particular legal advice concerning domestic assault charges, please contact Impact Law® at 416-858-7800.