Qualification of Domestic Assault

Domestic Assault is an assault in which the perpetrator and the victim share a domestic relationship with each other. The relationship may be of current or former spouses, common-law partners, or dating partners.

In Criminal Code, there is no specific provision of law dealing with domestic assault or domestic violence. However, it does provide several punishments and remedies generally against violence, abuse, sexual abuse, assault, battery and the like. When the police receive a complaint of domestic assault, they see if the described situation falls under the definition of any of the crimes. If it does, then they proceed to arrest the accused.

Right’s Upon Arrest

When an accused person is arrested, they retain all of their legal and Constitutional rights, which include the right to consult a lawyer, right to obtain bail, and more. The police must let the detainee speak to their lawyer before taking a statement. In such scenario, it is advised that a good Criminal Defense Lawyer should be contacted so that the accused who is a layman in terms of legal issues may not make a grave mistake.

Bail Hearings

The next step after arrest is to obtain bail. Unless the police deem the accused to be safe enough to be released to the public, they will most likely keep them in detention. Here, a Criminal Defense Lawyer will help the accused obtain bail from a court of law. At a bail hearing, the lawyer will argue before the justice of peace or a judge as to why the client is legally entitled to be released. Read more about Bails here.

If bail is granted, a number of conditions will be imposed as part of the release. For instance, a condition prohibiting any direct or in-direct contact with the complainant. These conditions can be very restrictive in domestic assault cases and can cripple the normal life of the accused. In such cases, a lawyer can help the client by streamlining the conditions to suit their day-to-day affairs.

Recent amendments to the Criminal Code (Bill C-75) increases the maximum term of imprisonment for repeat offenders involving partner violence along with making it an aggravating factor on sentencing. These amendments also provide for more onerous bail requirements.

The Defence

One of the ways to prevent conviction in domestic assault charges is to secure a resolution by way of a Peace Bond. A peace bond is essentially a promise of good behavior, i.e. the accused promises to the court that they will not commit assault or any other horrid act for the term of the peace bod, which is typically twelve months. This is not an admission of guilt, but rather a preventive measure. If a Peace Bond is executed, the accused will be discharged from the case without conviction.

Typically, in most domestic violence cases, the evidence supporting the charge is the testimony of the complainant. At trial, the defence lawyer will challenge the testimony of the complainant to highlight inconsistencies and weaken the credibility of the witness. There are a number of trial strategies and each case is different. It’s important to consult with a lawyer as to the most viable option for your case.

Alternatively, if you decide to plead guilty to the charges, Kahlon Law will work on securing the least severe punishment, including a discharge, which does not result in a conviction. However, these remedies should never be chosen only to prevent going through the trial. No accused should feel pressurized to haste in admitting guilt or signing a Peace Bond. The trial is indeed lengthy and time consuming, but a good Criminal Defense Lawyer will be able to ensure that justice is served in the way most convenient for their client.

If you ever find yourself in a situation where you are or might be arrested, give Kahlon Law a call at 1844-978-8444 and rest assured that there will be a licensed professional looking out for your freedom and well being