In the Criminal Code there is no charge called “domestic assault” – it is simply an assault. But the reality is that domestic assaults are treated differently. Courthouses around Ontario have specific courtrooms designed to deal with “domestic assault” matters. Domestic assault is a common occurrence that comes before the courts and could be treated very harshly by the Crown attorneys. Remember, you don’t have to be married to be in a domestic relationship. You can be common law partners, same sex partners, or boyfriend and girlfriend. It can also occur between relatives in your family. The main issue is whether there was an intentional application of force without consent of the other person.
Criminal Code of Canada – Definition of Assault
Section 265(1) of the Criminal Code of Canada, defines assault: 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 on 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.
In most cases that are domestic in nature there is a greater challenge in being granted bail. The accused is most likely unable to return home and could be subjected to other conditions that are designed to be restrictive. At Capulli Law, our Vaughan Criminal Lawyers know that the ‘inability to return’ home is a condition that causes a great deal of hardship to many accused individuals. With regards to domestic violence cases, bail conditions will usually prevent an accused from contacting their loved ones. This could be for a significant amount of time as the case moves. The rationale behind the “no contact” condition attempts to eliminate the possibility of further abuse/violence as well as ensuring there is no “witness tampering”.
In certain situations there may be programs that someone accused of domestic assault may participate in. Two such programs are “PARS” or “Early Intervention”. Again, these programs may not be suitable for everyone. In many cases, these programs are misunderstood by accused people. It is therefore important to obtain the advice of Vaughan Criminal Lawyers who are experienced in this area.
A Common Misconception
The Crown attorney and police are the ones who decide whether the charges will continue or not. The Crown will not withdraw the case simply because it is against the wishes of the “victim”. Just because a victim does not want to press charges does not mean the crown will agree.
Why should you choose Capulli Law for domestic assault offences?
At Capulli Law, our Vaughan Criminal Lawyers have the experience needed to handle these types of situations. We will help to keep your mind at ease and will be with you every step of the way. We will put your needs first in order to achieve the best possible outcome for you. Call Capulli Law today at (647) 504-6878 and let our Vaughan Criminal Lawyers help you.