Domestic Assault and Spousal Assault
This article
contains legal
information about defending
a criminal charge of domestic assault in
Toronto, Ontario. Those
looking for advice on
domestic assault or spousal assault
charges should
consult a
criminal lawyer.
What
is a Domestic Assault?
A domestic assault
can be defined as an assault (see:
Criminal Assault Charges) that
takes place between two people who
are either currently or formerly
dating or in a common law or married
relationship. Where an assault takes
place between two people who share
one of these relationships mentioned
above, the mater is labeled
“domestic” and prosecuted quite
differently by Crown counsel than
other assault charges.
According to the “Crown Policy
Manual”, a document provided by the
Attorney General, detailing how Crown
counsel are to perform their duties,
“Crown Attorneys should prosecute
domestic violence offences as
vigorously as other serious
criminal
matters”.
Although not classified differently
in the Criminal Code, in many
jurisdictions, domestic assault cases are
separately identified and prosecuted
by a special team of Crowns who
almost exclusively deal with these
types of allegations.
Internal police policies dictate
that in almost all situations, the
police are to charge a person alleged
to have assaulted another in a
domestic context, regardless of
whether or not independent proof
of the crime exists such as visible injuries or
independent witnesses to the
offence. A person’s word is enough
to bring another into the criminal
justice system.
What if the
person making the complaint does not
wish the charge to proceed to court
or to trial?
At the court stage, the Crown attorney will
usually move forward with a prosecution
in cases where there is a "reasonable
prospect of conviction". It is of
little importance to the prosecutor that the person making the
complaint does not wish the matter
to proceed to trial.
In domestic
situations, a complainant does not
have the choice to “press charges”
or not. If a complaint of domestic
violence is made, the police will
arrest and charge the person accused
of the offence and the Crown will
likely prosecute them regardless of
the complainant’s wishes to
halt the prosecution.
Typically, those charged with a
domestic offence are held for a bail
hearing, whether or not they are
otherwise upstanding citizens
without previous criminal
involvement. Those charged with
domestic offences are also likely to
be put on strict bail conditions
likely restricting their contact with the
complainant even if the complainant
wishes to have contact with them.
The accused person
will also likely be required to
remain away from their residence,
regardless of legal ownership, if the
complainant continues to reside
there. Conditions such as these
remain for as long as the criminal
charge is before the court or otherwise modified by the judge.
Can I Change
My Bail Conditions?
While it is sometimes possible to
change the conditions of bail, the
process by which a bail is amended
is often lengthy, complex and
costly. For details on how to change
a bail condition read:
How Can I Change My Bail
Conditions?.
There are many ways to defend
against an allegation of domestic
assault without pleading guilty. For a detailed review of defending an assault
charge, please read my article on
Assault.
Every allegation is different and it
is important to discuss with a
lawyer what options are available to
you before you walk into a courtroom
for the first time. Know that, as in all criminal cases, being found guilty of a
charge like assault can have profoundly serious consequences for your
employment, immigration status, ability to travel, family, reputation, and at
worst, your freedom should you receive a jail sentence.
There is no substitute for strong, experienced legal representation when
going through the criminal justice system. I can help you get through
this assault charge at a cost you can afford. Appointments are
available after hours and your first consultation is always free. I
can be reached at
416.297.7200 to arrange a
consultation to discuss your
specific situation so that I can
provide sound legal advice that
suits your needs and objectives.
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