Domestic Assault

Assault.

Assaults can come in differing degrees of violence, and upon different class of complainants (victims). 

Domestic Assault.

Although Canadian law does not create a separate and distinct offence of Domestic Assault, the courts have been instructed to deal with domestic assault in specific ways.  The Crown Attorney’s Office also deals with Domestic Assaults in a distinct manner.  Due to the prevalence of domestic violence, and the way in which domestic abuse can affect the whole family, specific protocols are in place to address the underlying issues, and upon sentencing.

I’ve been charged with Assaulting my Partner / Wife / Husband.

One of the first issues when charged with Domestic Assault is the separation from family imposed by the police or court upon your release.  This most likely means not being able to return home, speak to, or see certain family members due to conditions the police or the court have placed upon your release.

On many occasions matters are already before the Family Courts and these charges can create a further strain on that litigation.

In many instances of Domestic Assault, the Crown will ask that the accused attend the Partner Assault Response program often upon a plea of guilt.  The 12-week program is designed to address domestic violence, and provide attendees with methods to deal with anger and communication in a relationship.  The PAR program is available through several different providers throughout Ontario at a cost to the participant.  Wait times for these programs vary.

There are a variety of outcomes upon completing the PAR program that may or may not involve a criminal conviction or record.  It is important to understand the resolution upon completing the PAR program.  Don’t agree to the PAR program until you are aware of the possible outcome.  Legal Aid may be available to you.

How can I get back home or have contact with the complainant?

Counsel can address these concerns with Crown, and if necessary with the Court.  While there is never a guarantee, it is helpful to have a lawyer that can provide you, the Crown and court with the information that will hopefully get you home sooner.

Criminal Defence Lawyer

I am here to help you through the process of being charged with Domestic Assault.  My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – work towards getting your family back together when possible – and give you the best defence at trial, or plea resolution possible.  No family wants to be caught up in the legal system, and it can cause heartache and unexpected costs. Make sure you have a lawyer that understands the law and is prepared to act for you. 

You may qualify for Legal Aid:  See Legal Aid Ontario Information.