Criminal cases involving domestic assault in Canada are complicated legally and draining emotionally. A simple disagreement between family members or spouses can spiral into a physical altercation that may result in police being called to the residence.
If the police show up at your door, there is a strong likelihood someone is going to be arrested and taken to jail. If there are signs of violence or bodily harm, the assailant could easily be hit with serious indictable charges even for a first time offender.
Sometimes, circumstances or feelings change and the person who filed the initial complaint wants to drop the charges. A common societal misconception is that the individual who called the police is the one who files the charges and can simply drop them at will.
The police decide whether to charge someone. The only exception is when a person files a private complaint with a justice of the peace. Once police have laid charges, the individual who contacted them does not have the capability or authority to drop the charges. This capacity solely lies in the hands of Crown Counsel. To determine whether to drop the charges, Crown Counsel may ask the complainant and police for feedback, but they are not required to do so. If a domestic assault charge has been laid, prosecutors in Ontario have a mandate and directive from the Attorney General that they are not to withdraw the charge unless there is no reasonable prospect of a conviction. In other words, the crown will invariably continue with the prosecution of a domestic assault matter even if the alleged victim is a reluctant witness.
A domestic assault defence lawyer in Toronto, Kitchener, London and Windsor can help you with your case if you are facing charges.
If the accused has children with the alleged victim, the court should be informed as bail is being set. There may be certain stipulations that allow the person accused to see his or her kids.
The terms of bail will always include that the accused not communicate or associate with the alleged victim. This means the accused is not to have any level of communication with his or her spouse. This prohibits contact by:
- Discussions in person
- Text messages
- Facebook or other social media
Any contact via a third-party is also forbidden unless specifically stated on the bail release documents. If the accused violates this provision and makes contact, he or she may be arrested and held until a bail hearing can be arranged.
Domestic Assault Defence Lawyers in Toronto and Southern Ontario
At Kruse Law, our lawyers have vast experience successfully defending both men and women against domestic violence charges. If you are under investigation or have been arrested, do not wait and see if you will have charges filed against you. Contact our office today.
We understand that cases involving domestic violence often come with false accusations as someone tries to gain the upper hand in a divorce or child custody case or has other motives to lie. If you do not hire a competent criminal lawyer and decide to navigate the complexities of the court system yourself, the outcome of your case may not be a favorable one.
Domestic violence impacts the lives of everyone involved. If you are convicted, you will have the societal stigma of being considered a violent offender. The relationship with your children and family can be irreparably damaged.
Working with Kruse Law could make all the difference in your case.