A domestic assault charge is a serious matter for a number of reasons. Firstly, the police synopsis will often make the incident seem simple and clear cut, but this is rarely the case. To counter this, you need an experienced criminal lawyer who will tell your side of the story without relying on someone else’s version of events.
Secondly, most domestic assault cases are emotionally complicated because of the nature of the relationship. As a result, occasionally the allegations may be false or deliberately exaggerated. And, sometimes the evidence may be attributable to other causes. A skilled criminal defence lawyer will dedicate themselves to finding facts that are favourable for your case and defend the charges against you.
Being charged with a domestic
For public policy reasons, police will often make arrests when faced with any evidence of domestic violence. Sometimes the arrest is made without conducting a proper (let alone a thorough) investigation. They may not interview other family members or neighbours who may have witnessed the incident. This complacency can make it difficult to gather contradictory or corroborating evidence after time has passed.
In some cases, the complainant may not wish to press charges. However, the police are required to lay a criminal charge under the mandatory charging policy. In other cases, the police may charge both parties which is called dual charging.
Domestic cases in court
There is no specific charge of domestic assault in the Criminal Code. What makes a matter a “domestic” is the relationship between the accused and the victim. A domestic is when a complaint or a criminal allegation is made in the context of an intimate relationship.
While there is no specific Criminal Code charge for domestic assault, every courthouse in Ontario has a specific time; courtroom; and, docket designated to hearing domestic assault matters. In Ontario, the Domestic Violence Court Program handles all domestic violence cases within the criminal justice system.
There are a number of participants involved in the domestic violence court program including the police, the Victim / Witness Assistance Program, and Crown Counsel. In fact, the crown attorney’s office has a team of prosecutors assigned to prosecuting domestic assault charges. This team of prosecutors takes every domestic assault allegation seriously.
An allegation of domestic violence can threaten you with jail time and a criminal record. While the charges are pending, you might not be able to return home or see your family because your release conditions will prohibit you from having contact with the complainant. Many families suffer financially during this period.
And, if you are convicted, a criminal record can impact your entire family for many years. You could lose your license or certification which could be devastating to your career. A domestic assault charge can have far-reaching consequences to your personal and professional life.
If you have been charged with domestic assault you need to hire an experienced domestic assault lawyer to vigorously fight for your rights and your freedom. A domestic assault lawyer who will present your side of the events. – an advocate for your interests. With a knowledgeable criminal lawyer on your side you can be confident that you have the highest degree of legal support possible.
Are you charged with domestic assault? Deniz Sarikaya has over a decade of experience in criminal law. Contact him at 647-282-5777 for a free consultation.