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Domestic assault is a criminal offence that can lead to imprisonment or many other serious problems. If you ever get caught in such an offence, consult us for the best advisors. Our lawyers will help you and support you in the court hearings.
According to the Criminal Code, domestic violence is any action in which a person applies unwanted force to their loved ones, such as a spouse, family members, or other relatives who live with them.
Some other actions that falls under the term ‘domestic violence’ are;
Domestic assault comes in many forms. This can include abuse, which is sexual, physical, emotional, financial, psychological, and harassment.
In all parts of Canada, including Toronto, domestic assault is considered a solemn criminal act. They do not accept any form of violence, and they have a zero-tolerance policy.
Recently, they have changed their policy and made it more challenging because of people who do domestic violence to their intimate partners.
The changes in their policy affect every step of the criminal process, including when someone gets bail or is sentenced or charged for such an offence.
For the police to charge the accused, it is the policy if someone says they are hurt at home without proof of injuries, police still have the authority to charge the person with domestic violence.
So, it is enough to say someone hurts you for the police to charge them with a crime and take action against them.
If you have hurt someone in your family, you might be restricted from going home when you are on bail, and you might be limited to maintaining peace by the court. If you are found guilty, you could face serious consequences, like court punishment.
In Greater Toronto, there are special courtrooms called Integrated Domestic Violence Courts. These courts only deal with cases of domestic violence.
These courts have experts who deal with domestic assault cases. They know about the sensitivities and complexities involved in the case dealing with justice and ensure that they support the victims.
If you have been found guilty of such an offence, it will lead you to stop your education and limit your employment, volunteer, and travel opportunities.
When the police arrest you, they will tell you about your right to hire a lawyer, so it is a good idea to talk with the lawyer before you speak with the police.
Although it will depend on the situation of the assault and if you have any criminal record or not, as police take domestic violence as a severe assault, you can only get bail in such cases.
You will be taken to court within 24 hours of your arrest. The lawyer will tell you what to do and how to face the hearing and start working on your bail if you are in custody.
If you get in trouble, the lawyer will talk with the legal government authorities and suggest they leave you on bail. It will also involve some people who will be ready to help you. These people are called ‘Sureties’.
Everyone has the constitutional right to get bail. Still, first, the sureties will take the responsibility to pledge the money. Also, the lawyer takes responsibility for not denying bail without cause.
There are many legal defences against domestic assault charges. An experienced lawyer can help you with the defences suitable for each case. The following are the possible defences:
To create doubt is the best defence against domestic violence; try to make the judge believe that the offence never happened in the first place. If the judge starts doubting you, show them that there are no injuries, the victim has some personal grudges against you, prove to them that there is a delay in reporting the assault, or the victim is lying. This will help you to create doubt about whether the assault took place.
A person who is accused of domestic violence may argue that the assault happened with the consent of the victim. It will help them to get rid of the case because if the physical assault occurred with the consent of two parties, then it is not considered a crime as long as any physical severe injury happened.
Canadian Law permits a person for their self-defence against the assault, so the person accused of domestic violence can take advantage and tell the judge that the assault happened because he is defending himself. In such cases, the judge will analyze the incident and take out all the history between the two parties to ensure the claim is valid.
The other defence is that if you are accused of domestic violence, you can say that the assault that took place was an accident or a reflex action. In such cases, the accused might claim they do not intend to hurt someone but are self-defending.
If the assault is severe, then the charge for such assault is 14 years of imprisonment, but if the assault is least severe, the charge is a maximum of 6 years in jail.
Domestic violence in Canada is considered very serious, and you can be charged with a lifetime sentence.
Physical and emotional type of domestic assault is the most common abuse in Canada.
