Being accused of a criminal assault of any kind is a frightening and terrible experience. Those accused of domestic assault or intimate partner assault in Toronto or elsewhere in Ontario under s. 266 of the Criminal Code would therefore face additional difficulties because the bail restrictions imposed on those accused of such crimes can prevent contact with a person’s partner or domestic partner while the case slowly makes its way through the criminal justice system. Domestic violence convictions may also result in harsher punishments and probationary limitations. Many domestic assault cases have been successfully defended by our team of domestic assault lawyers across Ontario.
What exactly constitutes a Domestic Assault?
The Criminal Code’s section 265 provides a definition of assault that is applicable to all assault-related offences, including domestic violence charges. A person willfully using either direct or indirect force against another person without that person’s consent is considered to be engaging in an assault. The purposeful use of direct or indirect force against another person might also constitute an assault if it is attempted or threatened. A person may be assaulted if they are hit, kicked, punched, or simply pushed without permission. Someone needs not to harm another person in order to commit an assault.
A domestic assault is when two intimate partners, such as spouses, common-law partners, or dating partners, are accused of assaulting one another.
The Crown Attorney’s office will pursue domestic assault claims very differently from other assault allegations when an assault occurs between two people who have one of the relationships described above.
What happens if the complainant does not want the Accusation to be heard in Court or in a Trial?
Where there is a ‘reasonable chance of conviction’, the Crown Attorney will typically continue with the prosecution of a domestic assault case at the court level. The fact that the person filing the assault allegation no longer wants the case to go to trial is frequently of little concern to the prosecution.
A complainant in a domestic violence case cannot choose to report the incident to the police. If a domestic abuse complaint is submitted, the police will likely detain and charge the suspect, and the Crown Attorney will likely pursue the case despite the complainant’s requests to stop it. Nonetheless, in some exceptional situations, a complainant can have an impact on the prosecutor’s choice to drop a criminal charge.
The Crown Attorney will weigh a variety of considerations before choosing whether to press charges in a domestic abuse case, some of which are as follows:
- The accused’s age and health
- Any prior convictions, the type and number of those convictions, and any prior guilt determinations
- Whether the alleged assaulter is still facing any charges
- Whether the accused person admitted any wrongdoing and whether they were eager to take part in domestic violence counseling
- The seriousness of the crime alleged whether it involves violence
- Whether it harmed the complainant physically, psychologically, or financially
- Whether or not there was a threat to use a weapon
- Whether there was an intent or attempt to cause significant property damage or loss, and whether the accused belongs to a disadvantaged group
- The complainant’s age
- The complainant’s opinions
What occurs when someone is accused of Domestic Assault?
A person accused of a domestic assault offence is often detained in jail pending a bail hearing to decide if they can be released from custody (either with or without monitoring) and what conditions they must abide by until their legal matter is resolved. Whether or if the person charged with domestic abuse is otherwise a respectable citizen without a prior criminal history, the police have the right to detain them in jail until a bail hearing. Domestic assault offenders are likely to be subject to strict bail restrictions, limiting their ability to contact the accused.
What possible defences exist against accusations of Domestic Assault?
Charges of domestic assault are subject to a number of legal challenges. Kisel Law’s domestic assault lawyer will evaluate all legal defences to determine the best course of action.
No Assault
The first and most straightforward defence against a domestic assault is the fact that no attack took place. To achieve this, it may be necessary to cast doubt on the complainant’s and other witnesses’ sincerity and reliability. Presenting evidence from the accused of committing the attack could cast reasonable doubt on the defendant’s guilt. Raising reasonable doubt about an attack through the absence of injuries, delay in reporting, and evidence of hostility.
Self Defense
The defence of self-defence is another option for a person accused of domestic assault to justify their violent actions. In Canada, protecting yourself or other people from criminals is allowed and does not constitute ordinary assault. The accused person’s actions must be proportional to the risk they were exposed to.
Based on the testimony of the complainant or other witnesses to the attack, a person accused of domestic violence may assert self-defence. People can use their defence testimony to demonstrate their right to defend themselves. The Crown Attorney is required to prove self-defence once it has been properly introduced during a trial. The key question in self-defence situations is whether the accused used reasonable force proportionate to the complainant’s use or threat.
Consent Fight
However, a person charged with domestic assault may contend that the incident took place during a mutually consenting physical altercation. Physical confrontations that both parties explicitly or implicitly consent to be legal.
Other Defenses
Other conceivable assault defences include the claim that the complainant was the victim of an accident or reflexive attack. It may be determined that the accused lacked the intention to assault in both cases.
Why should those who report Domestic Assault hire a lawyer?
The Crown Attorney has the authority to decide whether criminal charges will be brought. That decision-making process is not under the judge’s, the police’s, or the complainant’s authority. Sometimes complainants may need legal counsel on how to express their views to the Crown Attorney regarding prosecution. Complainants should consult an experienced criminal defence attorney for legal guidance in domestic abuse cases.
When dealing with the criminal justice system, competent, knowledgeable legal representation is essential. Several clients of the Kisel Law domestic assault lawyers who were charged with domestic assault were able to avoid a criminal record and reunite with their families. Call us at (289)-835-3465 to set up a session to go through your particular issue and get good legal counsel that meets your requirements and goals right now.
1. What is considered a domestic assault crime in Toronto?
Domestic assault is any act of physical violence or threat of violence between individuals who have an intimate or familial relationship. This can include spouses, partners, parents, children, or other household members. Laws vary, so it’s essential to consult a qualified lawyer to understand how domestic assault is defined in your jurisdiction.
2. What are the penalties for a domestic assault conviction?
Penalties for domestic assault vary based on the severity of the incident, whether it was a first offense, and any prior criminal history. Penalties can include fines, imprisonment, probation, and mandatory counseling. In cases involving aggravating factors, such as prior convictions or injury to the victim, the penalties may be more severe.
3. Can I fight a domestic assault charge if I didn’t commit the crime?
Yes, you have the right to defend yourself if falsely accused of domestic assault. A skilled criminal defense attorney can help challenge the evidence, establish reasonable doubt, and protect your rights throughout the legal process. It’s essential to seek legal advice immediately if you are facing these charges.
4. What should I do if I am accused of domestic assault?
If you are accused of domestic assault, it’s critical to remain calm and avoid making any statements to authorities or the alleged victim. Contact an experienced attorney as soon as possible to help navigate the legal process and ensure your defense is effectively presented.
5. How can Kisel Law help with a domestic assault case?
At Kisel Law, we specialize in criminal defense and are committed to protecting your rights if you are facing domestic assault charges. Our experienced attorneys will evaluate the details of your case, provide legal counsel, and work tirelessly to achieve the best possible outcome for you.