Defence

Domestic Assault

OverviewCases

Charged With Assault? Get a Domestic Assault Lawyer

Charges of domestic assault can have a devastating impact on the accused person.  Often, charges are accompanied by bail conditions that make life impossible, particularly when children are involved.  I have argued numerous bail reviews to relax the conditions of accused persons facing assault charges.

Most charges of assault involve competing narratives.  Very often, the person that is charged is simply unlucky because the police believed another person’s story or because the police took witness statements from people that were friendly to the other party.   In domestic situations, the police have almost no discretion to not lay a charge when a complaint is made.  In cases of assault, the criminal lawyer defending the accused must examine every piece of disclosure and also look for other sources of information to determine whether there is evidence that favours the accused person’s version of events.  Domestic situations are even more complicated and often involve issues of credibility and cross examination becomes an important component of the case.

It is not uncommon for a victim to be charged with assault.  Though these situations are exasperating, it is important not to become indignant and to take all the steps and precautions that are necessary in any criminal case.

What is a domestic assault charge and how can a domestic assault lawyer in Toronto help me?

Domestic assault is clearly defined  as an assault that occurs between two persons who are in a relationship at present time or have been formerly dating, considered to be in a common law partnership or officially married. When an assault occurs between a couple that are found to be in any given type of the above-mentioned relationships, this becomes a “domestic” matter dispute.
At this point, this becomes a domestic case that is generally prosecuted in a different manner by Crown counsel when comparing this matter to other assault charges.

The “Crown Policy Manual” outlined by the Attorney General provides a specific procedure on how Crown prosecutors are to execute their duties, It’s critical for you to know that most Crown Attorneys are instructed to “carry out prosecution of domestic violence charges just as aggressively as any other type of criminal offences”.

You must also understand that the internal police policy often instructs police officers to proceed with charging the alleged person with assault charges regardless whether or not actual proof of the crime exists like critical injuries or viable witnesses that can come forward. This essentially means that a victim’s word despite serious evidence is more than enough to bring you into the criminal justice system and prosecute you with an assault charge.

How can a domestic assault lawyer in Toronto resolve your case if you’ve been charged?

Typically, a domestic assault charge is held for a bail hearing, regardless of the fact that you’re an outstanding citizen who had no previous criminal history. When you’re charged with domestic assault, it’s quite common to be put on strict bail conditions taking away any contact privileges with the complainant regardless of the fact that the victim wishes to have contact with the accused.

The accused person is generally required to stay away from their home, despite legal ownership, as long as the victim continues to reside there. It is not uncommon, for such bail conditions to remain as is, for the duration of the criminal charges and before the court.

Related Representative Work

R v. V.S.

Client had charge of assault with a weapon in an alleged domestic assault withdrawn at 1000 Finch Court in Toronto.

R v. A.S.

Client charged with domestic assault had charge withdrawn in Scarborough Court.

R v. Z.S.

Youth client charged with threaten death had charge withdrawn in Oshawa.

R v. D.J.

Client charged with assault was acquitted after a trial in Scarborough.  The assault was alleged to be on a cab driver.  Due to credibility issues with respect to the main witness and the failure of the police to properly identify my client, the charge was dismissed by the presiding judge.

R v. C.C.

Client’s charge of domestic assault was withdrawn at Old City Hall.

R v. C.W.

Client charged with assault at a house party had charge withdrawn in Oshawa.  The Crown had difficulty proving that my client was involved in the assault in question and decided to withdraw the charge on the day of trial.

R v. A.B.

Client was acquitted of animal cruelty following a trial in Brampton.

R v. N.L.

Client charged with assault with a weapon, threatening death and possession of a weapon for a dangerous purpose was acquitted after a two day trial at 1000 Finch Court in Toronto.

R v. D.S.

Client charged with assault x 2 and assault with a weapon for a domestic situation that occurred in a car had charges withdrawn at 1000 Finch Court in Toronto.

R v. S.M.

Client charged with assault peace officer had charges withdrawn in Brampton court.  The accused was charged with striking a police officer.  The defence had access to independent witnesses that contradicted the police officer’s account of the encounter.  As a result of the independent witnesses, the Crown chose not to proceed on the day of trial and the charge was withdrawn.