One of the more common offences seen in the courts is domestic assault.  In many cases, individuals facing this charge have no previous contact with the criminal justice system.  All relationships go through difficult periods and it is not uncommon for things to escalate and a call to be made to the police.

Bail Stage

When that happens, there are a number of immediate consequences.  Domestic abuse is a serious and sensitive issue.  In some cases, domestic disputes escalate further and serious injury, or even death, may occur.  For that reason, police and the prosecution are reluctant to agree to release individuals charged with this offence back into the community.  This means that, unlike some other offences where a first offender would likely be released directly from the police station, individuals charged with domestic assault are often held for a bail hearing.  At the hearing, the conditions imposed typically significantly restrict contact with one’s loved ones.  It is not uncommon for individuals charged with domestic assault to be unable to return home.  Contact in general may be possible only under direct supervision or, in some cases, may not be permitted at all.

For these reasons, it is crucial to have the assistance of an experienced Criminal Defence Lawyer at the earliest stages.  At the bail stage, a lawyer may be able to convince the Crown or the court to impose looser restrictions on contact with direct family members.  In cases where strict conditions have been imposed, a lawyer can work on your behalf to have those restrictions modified or removed while your matter is before the court.

Going Forward

In many cases, clients come to us indicating that they are innocent of the charges.  Sometimes, either in the heat of the moment or in retribution for a perceived slight, a false report is made.  Unfortunately, once the phone call to police is made, the matter is no longer in the hands of the person making the complaint.  The police have discretion whether or not to lay charges and the prosecution decides whether or not to proceed on a particular case.  The fact that a complainant may not want to “press charges” is not the determining factor.  In these cases, an experienced Criminal Defence Lawyer may be able to convince the prosecutor not to proceed on the charges.  This, however, must be done carefully and in a way that doesn’t involve a breach of a no contact bail condition or the appearance of improperly attempting to influence a witness.

For individuals who have committed the offence, it is important to seek the assistance of an experienced Criminal Defence Lawyer before simply deciding to enter a guilty plea. Depending on the seriousness of the offence and the personal circumstances of the offender, it may be possible to convince the prosecutor to agree to resolve the case by way of a peace bond.  In this scenario, the accused makes a promise to the court to abide by certain conditions and, in exchange, the prosecutor agrees to withdraw the criminal charge.  There is no plea of guilt and no criminal record.

In cases where this resolution is not available, it is important to have the assistance of an experienced Criminal Defence Lawyer to minimize the impact of sentence should you decide to plead guilty, or assist you at trial should you exercise your right to a trial.  Assaults committed in the context of a domestic relationship are taken seriously by the courts and treated as an aggravating factor in sentencing by the Criminal Code.   If you are guilty of the offence, the assistance of an experienced Criminal Defence Lawyer may be the difference between a sentence that involves jail time and one that does not.  If you are taking your matter to trial, a lawyer familiar with domestic assault charges is necessary to effectively cross-examine Crown witnesses and prepare you for the possibility of having to take the witness stand yourself.

Being charged with domestic assault can be an extremely traumatizing event, both for the accused and the family as a whole.   Putting the matter in the hands of an experienced Criminal Defence Lawyer can provide some peace of mind in this difficult time and ensure that our interests are effectively represented throughout the court process.

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