The police have been given a mandate by the government and crown attorney’s office regarding domestic violence. The directive requires the police where they find evidence of a domestic assault to arrest either party when a complain has been made about a domestic assault, no matter how minor.
When you have been involved in a domestic dispute with your partner, the police have been told to make arrests, and to separate the parties by taking the accused to the police station and hold them until a bail hearing can be held.
Where either party of the dispute has been assaulted, regardless of how minor the assault was the police must make an arrest and take that person into custody.
Even where there has been no physical injury but there have been acts, gestures or even words exchanged the police can arrest for a domestic assault.
Where one of the parties of the relationship has been arrested they will be taken to the police station and held in a jail cell until the accused can be brought before a judge for a bail hearing which could be up to three (3) days.
At the bail hearing the judge will most likely place in bail conditions restricting the person charged from having contact with their domestic partner and from going back to their home.
The bail conditions will prevent you from returning to your home, and may even have restrictions from contacting your children.
One thing you can do right away in these circumstances is to contact me to discuss your strategy in defending yourself in court by starting with a counselling program right away.
A counselling program will show good faith on your part and might help us persuade the crown attorney to change your bail conditions.
I would be happy to recommend a program to you and assist with the bail variation.
For more information about domestic assault charges or dealing with a bail hearing give me a call at 416-731-7113.
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