Domestic Assault Lawyers

As domestic assault lawyers, we advise our clients up front, that the court system and crown attorney’s office throughout Ontario takes domestic assault very seriously.

When it comes to domestic assault charges, the crown attorney’s office will not:

• withdraw charges
• allow the victim to drop charges
• consider a domestic assault a “simple misunderstanding”

Both the courts and the Crown Attorney’s office share the belief, that incidents of domestic assault and domestic violence must be treated seriously. Furthermore, in cases of domestic assault, the safety and wellbeing of the complainant or victim are of the utmost importance to the courts and prosecution.

Where you or a loved one has been arrested for domestic assault, and/or are being held for a bail hearing, call for legal advice from our experienced domestic assault lawyers. Call us today at 416-731-7113 answered 24 hours.

Domestic assault refers to any form of assault occurring between individuals who share a relationship, whether through dating, marriage, common law partnership, or family ties. Domestic assaults can include various actions, such as:

• Verbal threats or intimidation
• Gestures or acts implying an assault
• Physical violence directed at another person
• Any behaviour suggesting physical harm or the threat thereof against another individual

Even if no physical altercation occurs, law enforcement can still intervene and make arrests if the victim perceives a physical threat and believes the accused has the capability to carry out that threat. Legal advice and guidance from a domestic assault lawyer is crucial to navigating the legal complexities of this charge.

Victims of domestic assault do not lay the criminal charges against the accused. Contrary to popular belief, the police lay a criminal charge based upon information they receive from a victim or witness. The victim becomes the witness for the police for the allegation of domestic assault.

The responsibilities of the police when responding to domestic assault include:

• Prevent a breach of the peace
• Ensure the safety of all parties involved
• Where there are grounds, to make arrests
• Continue the investigation, even if the victim or spouse does not wish to make any further complaints.

Even where the victim or spouse feels the situation is under control, once the police arrive, the police are still obligated to thoroughly investigate the incident.  Where there are ground to believe that a domestic assault has occurred, the police are obligated to arrest that person and take them into custody.

Where the Toronto police are called and have reasonable grounds to believe that a domestic assault has occurred, they MUST arrest. Toronto Police officers are mandated in domestic assault situations to make arrests, remove the accused and take them into custody.  Once the arrest is made:

• the victim has no control over the arrest
• the victim cannot withdraw the complaint

The victim in a domestic assault allegation cannot ask the police to drop the charges or ask the crown attorney to drop the charges. Even if the assault is minor in nature, in a domestic situation where there is an allegation of violence the police MUST:

• Arrest the accused
• Take the accused into custody
• Hold the accused until a bail hearing can be held

Upon arrest, the accused will be taken to the police station. Once there they will be held in a jail cell until they can attend a bail hearing before a judge.

Couldn’t be more satisfied with this outcome and I will forever be grateful. I can now proceed with my life without the worry of having a criminal conviction on my record.

The Criminal Code of Canada s.266 defines domestic assault as:

A domestic assault occurs when,

• without the consent, force is intentionally applied,
• directly or indirectly assaulting another person, or he or she
• attempts or threatens, by an act or a gesture,
• to apply force to another person
  • if that other person to believes upon reasonable grounds
  • that the person has the ability to commit that assault,
• or by a person
  • who openly wears or carries a weapon or
    • an imitation thereof, and that
  • person accosts or impedes another person or begs.

There are other levels of an assault from a simple assault called a “common assault”, to assault causing bodily harm and spousal or domestic assault.

A domestic assault does not have to be injury or physical harm caused, where there is contact it maybe minor in nature, or it maybe an act, gesture or threat.

Domestic assault encompasses various forms of violent behavior within intimate relationships, each carrying its own legal and societal implications.

• Domestic Aggravated Assault: This is the most severe type of domestic assault, also referred to as assault level III. It occurs when one individual inflicts significant harm on another, posing a serious threat to the victim’s life. Examples include causing deep cuts, fractures, burns, or severe head injuries. In such cases, the perpetrator may face up to 14 years of imprisonment upon conviction.

• Domestic Assault with A Weapon: Another serious offence within the realm of domestic assault involves the use, attempted use, or threat of using a weapon to intimidate or harm the victim. The interpretation of what constitutes a weapon can vary, leading to nuanced legal proceedings. Depending on the severity, this charge can result in up to 10 years of imprisonment if prosecuted by indictment, or up to 18 months if pursued by summary conviction.

• Domestic Assault Causing Bodily Harm: This category of domestic assault, categorized as Assault Level II, involves causing injuries beyond minor or trifling harm. The repercussions of this offence can be severe, including potential jail time, monetary fines, and probation. Depending on the legal route taken, the perpetrator may face up to 10 years of imprisonment if convicted, or up to 18 months if convicted summarily.

Experience is a vital component when it comes to choosing a lawyer.  In a domestic assault defence your lawyer’s background and level of experience can significantly impact the outcome of a criminal case.

Criminal lawyers with years of experience defending domestic assault charges have the background, knowledge, and skills to navigate your defence effectively, including a strong and intensive strategy to win your case.

Here are some reasons how experience counts in Domestic Violence cases:

• Deep understanding of domestic assaults and legal procedures: Our lawyers have seen a wide range of (thousands of) cases over an extended period of years.  We know the law and legal arguments that the prosecution may use, and the ones we’ll use to win to launch your aggressive defence.

• Bail Hearings:  In all domestic assaults the accused is held for a bail hearing before a judge.  The prosecution may seek to add debilitating bail conditions on the accused, including where to live, contact conditions, or even keep the accused in jail pending trial.  When being held for a bail hearing, the our lawyers can ensure that no onerous conditions are placed on the accused, and ensure their release prior to trial.

• Negotiating skills in court: Before any trial there’s an opportunity to review the case in pre-trial discussions with a Crown Attorney. A strong defence for domestic assaults includes the ability to effectively negotiate on your behalf, not only in court but in chambers with judges and any discussions with Crown Attorney’s. The ability to speak persuasively can dramatically affect the your outcome.

• Strong Defence & Trial Preparation: Each case is different, together we’ll review the whole case, including the police disclosure and witness statements to build a winning defence.  We’ll look all facets of the incident while being ready to cross-examine police officers and witnesses.  Our defence will include relevant Canadian Case law and any applicable legal arguments. As well, we’ll analyze evidence to identify weaknesses in the prosecution’s case, and convincingly argue in support of your innocence and/or dismissal. We’ll leave no stone unturned!

• Court Knowledge: You want a lawyer with a history. A defence lawyer the Crown Attorney and court system knows as a fighter, someone whose going to put up a fight and the prosecution is a bit wary of.  Your lawyer’s reputation for advocacy, tenacity and even just being known as a straight shooter can dramatically affect how your case is treated at court.

• Established relationships in the legal community: Experienced lawyers often have established relationships with prosecutors, judges, and court staff. These positive relationships can help them better navigate the legal system and achieve the best possible outcome for their clients. This can be especially beneficial when negotiating plea deals or arguing a case in court.

Experience is essential for a lawyer defending domestic assaults: Year after year our experience as defence lawyers grows and we’re constantly learning, researching and finding ways to defend our clients. Time tested defence strategies, while constantly tuning our abilities to learn and negotiate effectively.  We know how to advocate on our clients behalf and how to win domestic assault charges.  Ultimately, when considering any legal counsel, experience can make a significant difference in any outcome.

Call Charitsis Law today, speak to an experienced lawyer about your charge and get some advice.  We’ll go over your charges and point out the areas we see issues with, while giving you an honest opinion about your case.  There is no fee to speak to a lawyer.

These include:

• Arrests in most cases: meaning where credible evidence of a crime is present that even if the alleged victim is not willing to press charges that law enforcement officers will still make an arrest in order to protect them and prevent further violence.

• Charges based solely on one person’s account of events: meaning that even if there is no physical evidence a person can still be charged with domestic violence if there is credible testimony from the alleged victim or other witnesses.

• Emphasis on the protection of victims: the Canadian legal system places a significant emphasis on protecting victims of domestic violence from further harm. This means that, in cases of domestic violence, the authorities and the justice system will take measures to ensure the safety and well-being of the alleged victim, such as issuing restraining orders or removing the alleged perpetrator from the home, or other conditions.

• Cooperation with other organizations and agencies: the Canadian legal system recognizes that domestic violence is a complex and pervasive issue that requires collaboration between different organizations and agencies to address it effectively. This means that the authorities and the justice system will work with other organizations, such as domestic violence shelters, victim services, and community organizations, to provide support and resources to victims of domestic violence.

The goal of the courts and prosecution is to ensure the safety of victims and to the accused and others to know that, domestic violence will not be tolerated by the justice system.

Crown attorney’s must follow the governments “crown policy manual” for domestic assaults.

The provincial government requires the prosecution of domestic violence cases where there is sufficient evidence to support a conviction, regardless of the complainant’s wishes.

Crown counsel are instructed to evaluate requests from complainants, and their domestic assault lawyers to discontinue a domestic assault prosecution with great caution. The court believes there is “intolerable pressure” a complainant or victim may face to have the charges withdrawn.

The Crown Policy Manual in Ontario makes clear that the recommended practices with respect to withdrawing and resolving charges apply to cases of family violence just as they do to all other types of charges.

In considering whether to continue domestic assault charges, the Crown counsel must consider whether there is a “reasonable prospect of conviction” and whether prosecution is in the public interest.

The policy manual notes, however, that public interest factors in the domestic violence cases should be “weighed in light of the predominant need to protect the victim.

In domestic assault charges the police charge the accused, not the victim or spouse. The victim cannot attend court and ask that the charges be withdrawn, saying they wish to drop the complaint.

The crown attorney, who is assigned to an accused person’s file in a domestic assault case, often knows little about the person being charged.

As a result, prosecutors assume that the accused poses a significant risk for causing injury or serious bodily harm, and even death, to the complainant.

To prevent this outcome, clients should participate in an assessment and counseling program with a registered psychotherapist who has experience working with the courts on domestic assault charges.

By participating in this program, clients can benefit in the following ways:

• improve their mental health
• address any drug or alcohol dependency
• gain insight into the allegations
  • including tools for conflict resolution

At the conclusion of the assessment and counseling, the psychotherapist will provide a report to the crown attorney, which can be used to:

• confirm that the charges can be withdrawn
• change the bail conditions to allow for contact with the victim
• remove restrictions such as not attending the residence
• resume a relationship with the complainant

In summary, participating in an assessment and counseling program with a registered psychotherapist can help clients better understand the charges against them and also provide valuable context to the crown attorney, ultimately leading to more favorable outcomes in domestic assault cases.

Where domestic assault charges are laid the police will fingerprint and photograph the accused. The accused is held in custody until a bail hearing can be held.

The bail hearing is a hearing before a justice of the peace to ensure:

• identity of the accused
• accused will appear in court for trial
• all evidence has been obtained
• accused will not repeat the offence

In a bail hearing, the main concern for the judge is that the accused will not repeat the offence and will appear for court.

Where an accused has been arrested on charges of domestic assault, the police will take the accused to the police station.

The accused will be processed and then placed in a jail cell until a bail hearing can be held, usually the next day.

The bail hearing is a court hearing for a judge to review the case prior to the case going to trial.  At the bail hearing the judge decides if the accused should be released from custody while awaiting for the case to come to trial or not.

The accused should consider a criminal lawyer, versed in domestic assault charges to attend for the bail hearing to ensure their release and to avoid strict bail conditions being imposed by the court.

If the accused is released from custody the judge will normally place conditions on the accused.

The bail conditions may include:

• no contact with the victim
• not live at the same address as the victim
• not consume alcohol or any drugs, and
• any other condition that the court may want to impose

If the accused agrees to the bail conditions the court will usually release the accused on a recognizance.

A recognizance is a promise by the accused to abide by the conditions imposed by the court. If the accused breaks the conditions they can be arrested and held in custody until the trial date.

Bail condition for domestic assault charges will usually include a prohibition from having contact with the family, family home, including access to children. The accused will be ordered not to have any contact directly, or indirectly with the complainant.

The accused can not even send a message to the complainant through a third party or any other means including:

• text messages,
• social media, or
• mutual acquaintances

The police can monitor these communications and if caught violating bail conditions, the accused will be arrested and charged with Failure to Comply with bail conditions.

As domestic assault lawyers we know that where there is a breach of the bail conditions, the accused will be held in jail until a new bail hearing can be held.  Stricter conditions will be added including curfew, or house arrest or the accused maybe kept in custody.

The bail conditions will remain in place until the matter is resolved.  Where a trial is involved, that could be a year or more from the date of arrest.

Subsequently it is highly recommended that the accused have a lawyer present to insecure that prohibitive conditions are not placed upon them.

When speaking to a domestic assault lawyer, people often ask what the possible outcomes of their case may be.

While it’s impossible to predict the outcome of any specific court case, it’s common to see one of the following outcomes in cases involving domestic incidents:

• The charges are withdrawn
• The charges are withdrawn due to legal technicalities
• An agreement is made with the Crown attorney, such as:
  • Diversion
  • Probation
  • Peace bond
• The case goes to trial

It’s important to note that the courts and Crown attorneys have strict policies in place for domestic assault cases, but they do have some discretion in how they proceed.

★★★★★  Nicholas solved my domestic assault case exactly as he promised, my criminal charges were dropped at trial.  Nicholas is an amazing domestic assault lawyer. The prosecution didn’t even finish the trial when they asked the judge to withdraw the charges after Nicholas did his cross examination of my accuser. Name Withheld (LawyerRatingZ.com)

An experienced criminal defence lawyer may be able to have your domestic assault charge diverted by having you attend for counselling, either privately, or through a court-approved program such as the PAR (Partner Assault Response) program.

It is often a good idea for the accused person to enroll in counselling right away.

• this is not an admission of guilt,
• but rather a sign that the accused understands the severity of the charge,
• and will go a long way when your lawyer speaks to the crown attorney about the case

If accepted into the diversion program you will be able to go back home to your partner, if he or she consents, shortly after completing a few weeks of the program. In some instances, you may be able to go home as soon as you enroll in the program.

Depending on the seriousness of the assault, and your progress in the program(s), once completed,

• will either have your charges withdrawn
• be required to enter into a peace bond, or you will be required to plead guilty,
• but will avoid a criminal record.

Call us today for more information about defending domestic assault and diversion programs.

In addition to enrolling in private counselling, it is a good idea to start collecting letters of reference and good character about you that can be shared with the crown attorney during a crown pretrial or a judicial pretrial.

Letters can be collected from friends, other family members, neighbours, employers, or other community organizations that you may be involved in.

If you are not involved in any community volunteer organizations, it is also a good idea to start getting involved right away.

It is often looked upon very favourably in court if your lawyer can tell the crown and the judge that you do community service work, and this could even be applied towards the resolution of your case.

Depending on the seriousness of the assault, and your progress in the program(s), once completed,

• will either have your charges withdrawn
• be required to enter into a peace bond, or you will be required to plead guilty,
• but will avoid a criminal record.

Call us today for more information about defending domestic assault and diversion programs.

When a case of domestic assault comes to trial the crown attorney and court will consider:

• was the assault minor or serious in nature
• any history of police involvement
• any history of previous domestic assaults
• what is the background of the accused
  • are they working
  • position in the community, and
  • what is their reputation
• what has the accused done since the assault
  • e.g. alcohol or anger management counselling
• what are the wishes of the victim
  • e.g. does the victim want the accused back in the family

As your domestic assault lawyer we consider your position and feelings about the case, for example:

• do you want to resolve the matter, or
• is this a case where you have been wrongly accused, or
• do you dispute the allegation and should the case go to trial

In criminal defence experience counts.

Knowing the law, the application of it, the people involved, and the officers, crown attorney’s and judges is important to the ultimate results for domestic assault charges.

Different crown attorneys and judges are more open minded to resolutions and withdrawals than others, and as domestic assault lawyers we understand these issues.

As defence lawyers our job is to show the court that the incident:

• did not happen, and the charge should be dropped, or
• was an isolated incident
  • that it was totally out of character for the accused, and
  • that the situation will not repeat itself, and
  • have the charges dropped.

As well, the courts will want us, your lawyer to make the accused aware of the serious nature of these charges.

Where you have been charged, call our offices to speak to a defence lawyer with experience in domestic disputes and allegations that can help you.

★★★★★ Nicholas went out of the way treating me like a family member. It’s rare that justice is found in cases with domestic assault, but as my lawyer Mr. Charitsis made sure everyone understood the facts and how the complaint was exaggerated by the police. I would absolutely recommend Nicholas to anyone who is looking for a skilled lawyer with the compassion of a friend more like family. Thank you for everything. NameWithheld LawyerRatingZ.com