Domestic violence is one of the most common allegations that come before the Ontario Courts. Being charged with any type of domestic violence allegation is a traumatic and painful experience. Hiring a lawyer that is experienced in domestic violence, domestic assault, and uttering threats makes a difference in how charges will proceed through the court.
Prosecutors take a very serious approach to “domestic assault” charges. A domestic relationship does not mean that the parties have to be married. It can mean conflicts between people in a boyfriend/girlfriend relationship, husband/wife, common-law partners, same-sex partnership, children, parents, and even relatives.
Although the circumstances may differ, the common element among all assaults is an intentional application of force without the consent of another person. Even a touch can be an assault in certain circumstances.
Criminal Code of Canada – Definition of Assault
Section 265(1) of the Criminal Code of Canada, defines assault: A person commits an assault when without the consent of another person, he applies force intentionally to that other person, directly or indirectly; he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Quite often, when a case is domestic in nature, there is a greater difficulty in obtaining bail; an inability to return home, and many other conditions of release that are restrictive in nature. Based on our experience, we know that the ‘inability to return’ home is a condition that causes a great deal of stress and anxiety to many accused individuals. In domestic violence cases, bail conditions will prevent contact with their loved ones while their cases slowly navigate through the system. The policy behind the “no contact” condition is two-fold: to eliminate the possibility of further abuse/violence; and, to ensure there is no “witness tampering”.
Some individuals charged with domestic violence may be eligible for a domestic assault program called “PARS” or “Early Intervention”. It is important to keep in mind that these programs may not be suitable for everyone. Often these programs have terms, consequences and pitfalls. In many cases, these programs are misunderstood by accused people. It is therefore important to obtain the advice of Criminal Lawyers who are experienced in this area.
A Common Misconception
It is not up to the victim to decide whether to ‘press charges’ in domestic assault or domestic violence cases. Further, the “victim” (often called the “complainant”) does not decide whether to go ahead with the charges. It is the Crown and police who decide whether the charges will continue or not. The Crown will not withdraw the case simply because it is against the wishes of the “victim”.
Why should you hire Passi & Patel for domestic assault offences?
At Passi & Patel, Brampton's Criminal Law Firm, we have proven experience with very favourable results for our client’s. Our first order of business is to get you informed and attempt to put your mind at ease. This often requires, changing bail condition, obtaining all relevant disclosure, or attempting to work out a possible resolution.
Call Passi & Patel today and let our experience in Brampton domestic violence cases work for you. We understand what is required to strategically maneuver domestic violence casess