Domestic Assault Charges? Hire a Lawyer

May 14, 2012 · Posted in Education 

Domestic assault is any assault or threat of assault that involves two members of a household – generally romantic partners or spouses. This is a serious charge, and the courts in Canada treat it as such. Convictions for domestic assault have severe repercussions, especially regarding the custody of children – to say nothing of the possibility of jail time. When someone has accused you of domestic assault, a process is set in motion that requires you to face the charges even if the accuser later recants. For this reason, do not make any plea deal or even tell your story to the police before you speak to a defence lawyer, preferably a Toronto Domestic Assault Lawyerwho has experience dealing with such matters before the courts.

Regrettably, there is history of incidents where individuals charged with domestic assault have, while on bail, gone on to commit further violent acts against their partners. This has led to a charged political climate around domestic assault charges, even relatively minor cases or those concerning individuals charged for the first time. For this reason, defendants should be prepared for a very restrictive set of bail conditions. This almost certainly includes no direct or even indirect contact with the person leveling the charges, and the need to move out of the family home. Individuals with children should be prepared for the possibility that they may be restricted to visiting their children only with a third party present.

Because of the nature of the charges, although you (or your partner, for that matter) may not agree with the bail conditions that have been set, it is fundamentally important that they nevertheless be adhered to in the strictest sense. Your lawyer will contest to have your freedoms curtailed as little as possible, but there will be restrictions, and they will be enforced. You will do yourself no favours be violating them, even with no harm meant.

During some heated divorce proceedings or child custody battles, one partner may use false domestic assault charges to gain a tactical advantage. While this is reprehensible, it is nonetheless vital that any restrictions set by the court be followed carefully while you trust your legal representative to have your name cleared. This may require that a trial take place.

Although it may be that once the heat of the initial exchange that caused the charges to be laid cools off, the complainant wishes to withdraw the charges, this cannot be done. As soon as the legal system has been engaged with a potential domestic assault, it is out of the complainant’s hands. This being the case, it does mean that any prosecution of the matter can be harder to make, depending on the evidence involved (if any).

If you are facing charges of domestic assault, you must consult with the best Defence Lawyer Toronto can present to you. To reach a satisfactory resolution without specific legal knowledge in this area would be highly unlikely, and the consequences might be grave indeed.

Chris R. Marx is a non-affiliated journalist who specializes in legal matters. He has attempted to ascertain the best Toronto Domestic Assault Lawyer, as well as the best all-around Defence Lawyer Toronto has produced.

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