Domestic violence is a serious offence that usually takes place within a family or an intimate relationship – boyfriend/girlfriend, common law partners, spouses, children, parents and even relatives. It is an assault if the defendant is accused of stabbing, hitting, kicking, punching, pushing, stalking, threatening death, throwing objects or causing bodily harm of any kind. Domestic assault cases are a priority for police and prosecutors in Ontario and have been declared a “zero-tolerance” crime by both federal and provincial governments.

Some people accused of domestic assault may assume that if they plead not guilty to the Crown or Court the charges will be withdrawn with an apology for the misunderstanding. This never happens and it never will. Just because you are innocent or falsely accused doesn’t mean you will be acquitted. The criminal justice system works on evidence, examination and cross-examination, and if you are found guilty, the consequences could be profound and life-changing. Considering the seriousness of the charges and their lifetime impact on the accused, it is recommended that you seek help from a criminal defence lawyer.

Your Rights When Arrested for Domestic Assault

The Canadian Charter of Rights and Freedoms provides you with two distinct rights that you should avail yourself if arrested. They are:

  • The right to keep silent — though you should provide police with basic information like name, address, and date of birth. If you choose to speak to the police, anything you say can be used as evidence against you.
  • The right to speak to a lawyer — police must inform you of this right upon your arrest and offer you a telephone to contact one or refer you to free legal services.

Punishments available for Domestic Assault

The below sentences can be imposed on a charge related to assault, whether the Crown has proceeded by way of indictment or by way of summary conviction:

  • Discharge (absolute or conditional)- a finding of guilt without a criminal record for the accused.
  • Suspended sentence- a sentence given that the accused person is not required to serve, the implementation of the sentence is ordered suspended by the trial judge.
  • Fine alone- a criminal record and a monetary fine that the accused must pay.
  • Fine, probation, prison- a monetary fine, a length of a prison sentence and a length of probation to be served following the prison sentence.
  • Prison and probation- the length of a prison sentence and the length of probation following the custodial sentence.
  • Prison and fine – a prison sentence is served and a monetary fine is imposed, but no probation for the accused following their prison sentence.
  • Intermittent sentence- a prison sentence served over the weekends
  • Fine, probation and intermittent- a prison sentence served on the weekends, with probation following and a monetary fine imposed as well.
  • Victim surcharge- once found guilty of a crime all individuals are subject to a victim fine surcharge.
  • Conditional Sentence: house arrest, a sentence served within the community.
  • Maximum Punishment: Indictment: 5-year prison term, Summary: 6-month custodial term or $5000 fine.

It is always in the best interest of an accused person facing a domestic charge or any other criminal charge to do everything that they can to avoid a finding of guilt and the consequences that accompany a conviction.

Consequences of a Criminal Record

  • If you are convicted and don’t hold Canadian citizenship, you may be deported and denied re-entry to Canada. Until deportation, you may be held in custody for a long time, no matter the length of the criminal sentence.
  • Even if you are not deported, you may be denied citizenship if convicted.
  • You may be asked to provide a DNA sample for legal records.
  • Since many employers check the criminal records of interviewees, you may have difficulty getting a job.
  • Your photograph, fingerprints and other personal details may be retained and used by police.
  • You may be restricted from meeting your children.
  • You will likely be restricted from entering the United States and other countries.
  • It may restrict you from pursuing certain occupations, professions or specific training programs.

Apart from these, a criminal conviction can also negatively affect your relationship with friends, family, colleagues and acquaintances.

Additional Consequences of a Domestic Assault Conviction

It is often devastating for the convicted as well as their family to have strict conditions imposed by the courts. Even if the victim does not want to proceed with criminal charges, it is beyond their choice to stop the criminal proceedings. And even when both the accused and the victim want to be in touch, the courts can restrict contact, especially if they feel that there is a serious risk of another violent incident.

Legal Defences Available in Domestic Assault Cases

All criminal cases involving domestic assault are case-specific, and the best legal defence strategy is always adapted to the client’s circumstances. Still, there are common defences to these charges, which are often used in court.

  • Factual innocence. In defending against domestic violence accusations involving gun charges, the lawyer would make sure the Crown discharges its onus and would raise a reasonable doubt on the offence. This would include, but is not limited to, cross-examining the victim’s testimony, evaluation of the alleged weapon, examination of injuries and all other elements of the Crown’s case.
  • Self-defence. Depending on the situation, the lawyer can claim that their client acted in self-defence, provided their actions were reasonable under the circumstances. When reviewing this argument, the courts would consider the gender and physical capabilities of the offender and the victim, the type of alleged threat, the presence of provocations and whether any weapon was used during the altercation.

Why You Need to Hire a Criminal Lawyer?

If you have been charged with or accused of domestic assault in Canada, you need to seek the help of an expert criminal defence lawyer. While self-representation is certainly possible, it is not advisable. Representing yourself in court without any legal education, experience or assistance can have disastrous results. Moreover, the seriousness and complexity of a domestic assault case requires the skill, knowledge and emotional detachment of a certified criminal lawyer. You should always consult a lawyer with expertise in domestic violence cases before speaking with police, as anything you say during your interrogation can be used against you at trial.

Allegations of domestic violence or abuse are common in troubled relationships. When love comes to an end, it sometimes gives rise to the sad reality of legal charges and court proceedings. While it’s not always easy to deal with a broken relationship, there are ways to defend yourself against domestic assault charges and prove your innocence. Hiring a criminal lawyer early ensures that your case is thoroughly investigated and that your legal rights are protected throughout the court proceedings.