Domestic Assault

Domestic Assault

Domestic Assault

Domestic Assault Lawyer

Domestic Assault involves violence between family members, typically spouses, however, can also include casual relationships, former spouses, and parent-child relationships.

When the police are called and an allegation of domestic assault is made, the police must arrest, and remove the accused to the police station.

Facing a “domestic charge” can be an overwhelming experience.  Don’t face this serious charge alone, give me a call today – I can help you.

If you want to speak to a lawyer call me today at 437-984-2880.

Domestic Assault Police Investigations

From the authorities perspective, the first documentation in the timeline of a domestic assault is when a ‘911’ phone call is made.

The 911 call is important for legal and policy reasons:

  • for policy reasons,
    • once a domestic 911 call is made, the police must investigate to ensure public safety.
  • for legal reasons,
    • the 911 call provides the police with reasonable cause to begin an investigation.

Typically, the 911 call for a domestic assault is followed by a visit by two police officers who question the male and female separately.

Where the police officers believe an offence has been committed the police officers must arrest the accused and remove them from the premises.

Being Released on Bail

In domestic assault cases where the accused is released, there are two typical conditions put in place by the court:

  1. no contact clause
    1. between the accused & the complainant (directly or indirectly)
  2. no attend condition
    1. that the accused not attend the reside/home of the complainant

Sometimes condition the accused may be allowed to attend the home where a police officer is present to pick-up personal belongings.

The above-mentioned conditions are very important, and by-far the most breach-friendly clauses in the criminal justice system today. Spouses, boyfriends and girlfriends, and family members who are charged with domestic assault find it very difficult to stay away from their loved ones once charged and this leads to a FTC charge or Fail to Comply charge, which is a very serious offence.

Difficulties regarding bail conditions should be discussed with a lawyer. A diligent lawyer will aim to understand the concerns of the client, educate the client about what options are available, outline the timelines, costs, and procedures involved, and recommend a course of action.

Charged and Arrested

After someone has been arrested for domestic assault they are put into handcuffs and taken to the police station.

For public policy reasons, the accused will typically not be released after arrest and a bail hearing will be held.

This is to protect the complainant from immediate retribution. Rather, the accused will be held in jail until a bail hearing is held. The accused will be released only where/when a proper plan for bail has been put in place.

In many cases of domestic assault, the accused will be held for many days until a surety arrives, and a formal show cause (or contested) bail hearing will occurs.

Without a criminal lawyer to speak on the accused’s behalf, a bail will be set, and remain set until an individual comes to sign the bail.

The Investigation

KGB statements (video statements by the complainant) are very common, along with signed statements and police notes.

The police will also look into any past phone-calls to the police, and whether they are related to domestic assault allegations. Further, they will look to get statements from any potential witnesses of the event.

Charges brought forward by the Crown Attorney

For the complainant, it is very important to understand that once the accused has been arrested, the charges are now being brought forward by the Crown Attorney, and therefore they do not hold the power/authority to withdraw the charges.

In many cases, the complainant (usually the wife) changes her mind, and feels that the accused (usually the husband) does not deserve to be charged or spend time in jail.

Hence, the wife will ask that the charges be withdrawn, and that she either lied/or will not testify against her husband, however, she no longer is the party bringing forward the action, as that responsibility is now the Crown Attorney’s job and they will bring forward the charges with or without the consent of the complainant.

The wife may have called the police under the mistaken belief that they would come to the house Faced with these circumstances, a complainant (the wife) wishing to have the charges withdrawn should consult her own lawyer regarding an appropriate course of action.

How Long Does it Take – To go home?

When the accused gets out of jail, he typically wants out of the situation as fast as possible.

This is due to a number of factors including the desire to see his kids/wife/girlfriend or go home and have things return to normal. While this is possible, the consequences of ‘making things go away as fast as possible’ is that the accused may have to plead guilty which means a criminal record.

The Crown Attorney will use the DAP (Domestic Assault Program) as a carrot to entice the accused to admit responsibility, plead guilty and thus go home and continue relations with the complainant.

Usually the only “quick way out” of this type of situation for an accused is through a guilty plea. Otherwise, “domestic charges” can often take months to wind their way through the court system.

This often means that families will be apart for long periods of time. Where there is a desire to reconcile, legal representation should be sought at the earliest possible stage to avoid unnecessary delay and hardship.

A good lawyer will be able to take appropriate action to ensure that the case moves ahead as quickly as possible.

For Trial?

Waiting for a domestic assault trial can be extremely lengthy. It can take anywhere from 6months to 1year to get a domestic matter heard at trial. This of course means that bail conditions will remain intact up and until trial.

At trial, the complainant will usually be called as a witness by the prosecution to prove the case against the accused. In some situations the witness may testify to a different set of circumstances than that complained of to the police. Alternatively, the witness may testify that she has forgotten what happened.

In either situation this will likely result in the Crown making an application to the court to have the witness declared a hostile witness or to have other previously recorded evidence admitted against the husband.

At the conclusion of a trial there will usually either be a finding of “guilty” or “not guilty”. A finding of “not guilty” ends the matter and the accused person is free to resume his life as it was before the charge. A finding of “guilty” is followed by the sentencing process. Sentencing may or may not result in jail time.

It will, however, usually result in some period of probation. Probation orders typically include conditions that require the accused to attend some form of counselling and not to have any contact with the complainant except with her written and revocable permission.

Facing a “domestic charge” can be an overwhelming experience. An understanding of your situation is crucial dealing with the problem in an effective manner.

Toronto Criminal Lawyer Mallet

Toronto Criminal Lawyer Reviews

Mohammad Niazi

1 week ago

★★★★★ Highly recommend Mr. Singh and truly appreciate his hard work, he is the best at what they do, they have withdrawn my both charges of domestic assault and mischief. A bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I’m super happy with the work and results.

J.D Singh

2 weeks ago

★★★★★ Never thought I would have been in a domestic assault situation.  I was upset, really frustrated and needed to speak to someone.  Rishi was great to deal with, he calmed me down and walked me through how he was going to help me.  I felt so relieved after that meeting, a huge cloud was taken away.  It was hard but Rishi took care of everything.  In the end the charges were withdrawn and I was able to move on.  Rishi was great, I would be happy to recommend him to others.

J.D Singh

2 weeks ago

★★★★★ I was wrongly accused and Rishi got the case thrown out in court.  It was horrible when the police arrested me for domestic assault.  I was lost what to do, and a friend referred me to Rishi Singh.  Singh came to the court and spoke for me and got me out of jail.  Then over the next couple of months Rishi walked me through the legal system like a true professional. Always available for my calls and to answer my questions.  The charges were ultimately dropped thanks to this man.  Rishi was great, I would be happy to recommend him to others.

Toronto Domestic Assault Lawyer