Charges Defended > Domestic Assault
A small domestic dispute between a husband and wife or a boyfriend and girlfriend turns serious. Maybe one of the parties involved notifies the police, hoping to calm the situation down. Maybe it’s a neighbour, or a family member. The police arrive and someone is arrested, and within a few days, after the bail hearing, they find out that they can’t go back home, they can’t contact their partner, and they face the possibility of a criminal record, and possibly jail time. The complaining party wants the charges dropped, yet the police won’t listen. Does this sound like your situation? We can help.
Know that, as in all criminal cases, entering a plea of guilty to a charge can have profoundly serious consequences. The stigma of a criminal record, the potential consequences for your work, your immigration status, your family, your reputation, and at worst, your freedom are significant.
If you or a friend or family member have been charged with domestic assault, contact a criminal lawyer defending domestic assault charges in the Toronto area at 416.877.LAW1 (5291). Your first consultation is always free.
- What if my partner wants to “drop” the charges?
- Can I move back home with my family?
- How serious are these charges?
- What do I do if I’ve been charged with domestic assault?
What if my partner wants to “drop” the charges?
Many domestic assault charges stem from a 911 call made by one of the parties in an attempt to have the police mediate a tense situation. When faced with the reality of having your partner handcuffed and taken to jail, parties may try to explain their situation to the police, often to no avail. The Crown prosecutor in Ontario takes domestic assault charges seriously, and even in situations where your partner wants the charges withdrawn, the prosecutor in Ontario will usually proceed with pressing criminal charges. The point to remember is that it is no longer your decision to have the charges dropped. Once the charges are brought, then the matter falls into the hands of the Crown Attorney.
Can I move back home with my family?
In specific circumstances, there may be a possibility of going home before your criminal trial resolves. In domestic assault cases, an accused person would need to have the no-contact condition that requires him to remain away from his family removed. In most circumstances, obtaining the Crown’s consent for such a change may be difficult. The complaining spouse would often need to get his or her own lawyer. The accused person’s lawyer would need to persuade the Crown that lifting the bail condition would not present any risk to the complaining party and would be in the best interests of the family. Alternatively, an accused person may request a bail review.
How serious are these charges?
Under Section 266. of the Criminal Code, every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. It is often in your best interest to fight these charges
What do I do if I’ve been charged with domestic assault?
Call a lawyer for a free consultation. The most important issues that you will discuss are:
- Do you have a prior criminal record?
- Are you a Canadian citizen?
- Does your partner want to reconcile?
- Were there any witnesses to the alleged incident?
- Do you know if your partner gave a video statement at the police station?
- What are your primary goals — beating the charge, not going to jail, not having a criminal record?
There is no substitute for strong, experienced legal representation when going through the criminal justice system. The Law Office of Alexander Ejsmont will 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. (416) 877-5291.
