An assault between current or former intimate partners, such as common-law partners, spouses, or dating partners, is referred to as domestic assault.
Domestic assault is one of the most frustrating criminal charges that one can face in Canada. The police and the Crown Attorneys’ Office handle even the slightest allegations very aggressively, which can turn your once peaceful life into a cascade of never-ending chaos and irreversible consequences. Therefore, if you’re facing domestic violence allegations, you should protect yourself by retaining a domestic assault lawyer in Toronto.
Defending Domestic Violence Charges
The Criminal Code of Canada does not provide a different charge of “domestic assault.” This means that domestic assault charges are laid under sections of the Criminal Code covering assault charges, including S. 265, S. 266, and S. 268. However, the criminal justice system treats domestic assault charges differently than other types of assaults at every stage of criminal proceedings. For example, Courts set stringent bail conditions, including a no-contact order that prevents the accused from contacting their loved ones.
In Ontario, the latest policies require the police to charge anyone they suspect to have committed a domestic assault, even when the complainant wishes otherwise. Once the criminal charges are made, the complainant has no power to get them withdrawn, and even when they refuse to corporate, the Crown still prosecute.
With such an aggressive and zero-tolerance approach to domestic assault charges from the police and the Crown, accused persons should retain a lawyer soon as the allegations are made. A domestic assault lawyer such as Antar Kahlon understands the complexities of such charges and the challenges they present. He’ll protect your rights, fight for you to get released without overly strict bail conditions and develop a defence strategy that attains the best possible results as per the charges against you.
Call (844) 978-8444 for a free, no-obligation evaluation of your case.
Types of Domestic Assaults
Domestic Aggravated Assault
Domestic aggravated assault, otherwise referred to as assault level III, is the most serious category of domestic violence offences. According to section 268 of the Criminal Code, everyone commits an aggravated assault who wounds, maims, disfigures, or endangers the life of the complainant.
As domestic aggravated assault involves extreme violence and severe injuries such as broken bones, major cuts, severe burns, or excision of body parts, it carries devastating penalties and can only be prosecuted as an indictable offence. The charge carries a maximum jail sentence of 14 years.
Domestic Assault with a Weapon
Domestic assault with a weapon entails cases where the accused allegedly used, attempted to use, or threatened to use a weapon against the complainant. Frustration sets in when determining “what constitutes a weapon,” as the Criminal Code provides a broad definition that is open to vast interpretation. According to the definition, anything can be regarded as a weapon.
If you’re facing domestic assault with a weapon allegation, you should retain a criminal defence lawyer in Toronto as a conviction has dire consequences to your freedom and employment opportunities. The offence can be proceeded by indictment, which carries a maximum of 10 years in prison, or through summary conviction, which carries up to 18 months in jail.
Domestic Assault Causing Bodily Harm
This is a domestic assault that results in an injury to the complainant. It’s good to note that minor injuries, such as minor scratches, are dealt with under level 1 assault charges or simple assault. Domestic assault causing bodily harm is a severe offence with lifelong implications if found guilty.
If you’re charged with domestic assault causing bodily harm, the Crown can prosecute you through indictment, which carries a maximum of 10 years in prison, or by way of summary conviction.
Why Choose Kahlon Law
A domestic assault charge should not be taken lightly, no matter how minor the allegation seems. If charged, you should retain a domestic assault lawyer with the knowledge and commitment to guide and protect you, such as Antar Kahlon of Kahlon Law.
Antar is focused on protecting the rights of persons facing domestic assault charges and attaining favourable outcomes through exceptional legal and investigative services. He understands the sensitive dynamics involved in domestic assault cases, including the responsibilities imposed on the Crown, public perception, and suitable defence strategies required to resolve such matters in the most positive way for his clients.
Before you plead guilty, accept a peace bond, or even give any statement to the police, consult with a domestic assault lawyer in Toronto. They’ll help you understand the charges against you, the consequences of accepting an offer from the Crown and defend you throughout the criminal proceedings. Reach out to Antar Kahlon today at (844) 978-8444 for a free, no-obligation consultation.
FAQ
What is domestic assault?
A domestic assault is any assault that occurs within a domestic relationship between current or former intimate partners such as spouses or common-law partners. It’s also referred to as spousal assault. An assault is any intentional application of force on another person without their consent.
Domestic assault charges are serious allegations with severe consequences. If you’re facing such charges, contact Antar Kahlon for a free assessment of your case.
What if the complainant does not wish for the charge to proceed to Court?
If a domestic assault charge has been laid or you have been accused of the offence, the complainant has no control over how things roll out. First, the police are under a “mandatory charge” policy, which means that they’ll lay criminal charges if you’re suspected of domestic assault despite what the complainant says. Then the practice manual for Ontario prosecutors urges that even when the complainant wishes for the charges to be dropped, the Crown should proceed with the prosecution.
Only the Crown Attorney has the power to decide whether the charges should proceed to trial.
What happens to a person charged with domestic assault?
When charged with domestic assault, you will most likely be held in custody for a bail hearing, whether or not you have previous convictions. This is because of the strict policies put in place to avoid dangerous outcomes.
If released on bail, the Court is likely to impose strict bail conditions, including a no-contact order that bars you from contacting the complainant. You may also be required to stay away from the family residence if the complainant lives there. The restrictions set during bail hearings remain in effect until your case is resolved or the judge modifies them.
What is a peace bond, and why is it offered in spousal assault cases?
A peace bond agreement is one way of resolving domestic assault charges in a manner that favours both the accused and the complainant. The accused person agrees to abide by conditions of the peace bond in exchange for a withdrawal of the criminal charges against them.
Some of the most common conditions in peace bond agreements include a prohibition against possession of weapons and restricted contact with the complainant except with their prior consent. The fact that a peace bond agreement protects the complainants is the primary reason the prosecution uses it before agreeing to withdraw most domestic assault charges.
Keep in mind that entering into a peace bond agreement is not an admission of guilt to the domestic assault charge you’re facing. Rather, it’s a way for you to avoid a conviction and a criminal record.
