Milton Domestic Assault Lawyer
Domestic Assault charges are one of the most common matters that come before the Ontario Court of Justice. We, at Passi & Patel, understand that being charged with Domestic Assault is a traumatic and painful experience for both the individual and the family. Hiring a skilled Domestic Assault lawyer is crucial to ensure the best possible result.
This is a very specialized area of law, and many jurisdictions in Ontario have domestic courts and Crown Attorneys solely dedicated to prosecuting these types of offences.
The Criminal Code of Canada: Domestic Assault
Domestic assault is not a specifically enumerated offence in the Criminal Code of Canada. Rather, it is made up of two components. The first being the definition for simple Assault as set out in S. 265 of the Criminal Code of Canada and the second being, the nature of the relationship between the two parties.
The definition of assault is as follows:
- 265 (1) “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 upon 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.”
The difference between simple Assault and Domestic Assault is the nature of the relationship between the accused and the complainant. The courts consider a domestic relationship to include, married partners; cohabiting partners; common-law partners; boyfriends; girlfriends; same-sex partners; children; parents; and, even relatives.
To learn more about assault, and how we can assist you click here (*LINK*) for more information.
Frequently Asked Questions (FAQ’s)
Will I Be Held for a Bail Hearing if I am Charged with Domestic Assault?
Yes, upon arrest, a person charged with Domestic Assault will likely be held for a bail hearing. Types of bail conditions one could expect to be imposed should bail be granted are, no contact/ communication with the complainant, and not to attend any residence or place the complainant is known to be (otherwise known as the ‘inability to return home’ condition).
To learn more about bail, and how we can assist you click here (*LINK*) for more information.
What is the ‘Inability to Return Home Condition’? Can I Get this Condition Removed?
Based on our experience, we at Passi & Patel, understand that the inability to return home condition causes a great deal of stress and anxiety, and disrupts family life dramatically. The condition prevents contact with loved ones and may remain imposed for a prolonged period of time as the case proceeds slowly throughout the court process. The purpose of the condition is two-fold; first, it aims to eliminate the possibility of further partner violence and secondly, it is intended to ensure that the evidence of potential witnesses is not tampered with.
The Crown Attorney will rarely if ever agree to remove this condition to ensure the protection and safety of the complainant. In some cases, a bail variation can be canvased with the Crown Attorney to modify this condition, however, it is rare.
Is There Any Way I Can Move My Case Along Faster to be Able to see my Family Again?
Yes, some individuals may be eligible for a domestic assault program called the Early Intervention Program, or Partner Assault Response Program (“PARS”). Alternatively, an accused party can also participate in other types of programming such as, anger management counselling, or marriage/ relationship counselling.
Please keep in mind that these Early Intervention Programs and PARS are not suitable for everyone. Entrance and eligibility for the programs is determined based on the facts of each case, the accused’s history with the complainant, and the approval of the Crown Attorney. For further information about these programs and available options, contact us (*LINK*).
What is the PARS Program?
The PARS program is a 12-week long course and sessions take place once a week. There is an intake day one must attend with their lawyer. Once enrolled attendance is mandatory, and if the accused fails to attend the weekly sessions, they will be withdrawn from the program. Each session is 2 hours long. Fees for the program vary between jurisdictions. Topics that will be covered in the program include: strategies to reduce anxiety and manage stress; communication skills; and, methods to change reactive behaviour. The program aims to create and maintain positive and healthy relationships between partners and/or families.
For more information please visit; https://www.parprogram.ca/en/
Can My Partner Drop the Charges Against Me?
No, it is a common misconception that the complainant (victim) can “press” or “drop” charges in assault or domestic assault cases. The complainant does not decide whether to “press” charges, that is the job of the police. The police will evaluate the evidence brought forward by the complainant and they will make the decision whether or not to charge the accused. The Crown Attorney will then determine whether there is “reasonable prospect of conviction”. If there is “reasonable prospect of conviction”, the Crown Attorney is unlikely to withdraw a charge at the request of the complainant. It is the Crown Attorney’s obligation under law to pursue criminal matters if there is a reasonable prospect of conviction.
Why Should You Retain Passi & Patel Criminal Lawyers?
If you, a friend or a loved one, is charged with Domestic Assault, we at Passi & Patel, understand that charges of this nature cause a great deal of anxiety and can be extremely stressful. As experienced Domestic Assault lawyers, we at Passi & Patel, know each domestic assault case is unique and requires an individually tailored approach to obtain the best possible results.
This is a highly specialized area of law that requires the knowledge and expertise of skilled legal counsel. Professional legal advice from domestic assault lawyers can make a significant difference in how a matter proceeds through the court. We, at Passi & Patel, have the experience, and knowledge to provide effective and thorough representation for those charged with Domestic Assault. We will take all the necessary steps to obtain the best possible result.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no obligation consultation.