Domestic Assault Lawyer in Milton

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.

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.

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*).

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 Once enrolled attendance is mandatory, and if the accused fails to attend the weekly sessions, they will be withdrawn from the program.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/

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.