Domestic Assault Charges in Ontario Canada

Assault and Domestic Assaults

Domestic assault charges can affect the whole family, and when called to a domestic assault situation the police will investigate and take the appropriate action.

Where the police find that an assault, or domestic assault has occurred, the police may arrest the offender and take that person into police custody.

When taken to the police station the accused can be charged with the Criminal offence of Assault or Domestic Assault under the Code of Canada. If found guilty of a assault or domestic assault the accused will have a criminal record for life.

Having been charged with a domestic assault the accused will be held in custody (jail) until a bail hearing can be arranged. Within 72 hours the accused will be brought before a Justice of the Peace for the Justice to decide whether or not the accused should held in jail or be released with conditions.

Where there is evidence during a domestic assault of violence or of threatening behavior, or where the Justice believes there is a threat to the safety of an individual, public or an involved person the Justice of the Peace may decide to keep the accused in custody (jail) until a court hearing can be held.

Should the Justice of the Peace decide to release the accused the Justice may impose conditions (bail conditions) on the accused. The bail conditions may include;

Upon being arrested for a domestic assault or any criminal offence the accused is allowed to contact any lawyer of their choosing and can call OTT Legal at any one of our seven Ontario offices to obtain legal advice.

Upon retaining the services a lawyer, the lawyer will advise and appear with the accused at the Bail Hearing and represent the accused throughout the legal process.

At the Bail Hearing for domestic assault the family of the accused may appear but under no circumstances will the charges be dropped on this date. The bail hearing is just for the Justice to review the case and to see if the accused should be kept in jail or released under certain conditions.

Release from Custody

Where the accused is released from custody for a domestic assault charge the accused must follow the conditions specified in the bail release. Should the Justice impose a no-contact condition in the bail or undertaking the accused must follow this condition even though the spouse or victim may not want to abide by it.

No contact with the complainant or victim for a domestic assault means NO CONTACT at all, directly or indirectly.

In other words, no talking, telephoning, no writing , no emails, no gifts, cards, flowers etc. It also includes no communication through a "third party", meaning that you cannot ask a friend to tell something to your spouse.

For domestic assault charges there are no exceptions to this no-contact condition, regardless of how you and the victim may feel you must abid by the court conditions. If the accused does not follow the no-contact condition, the accused will be in violation of the conditions or the release and as such the accused may be arrested a second time and charged with the criminal offence of Failing to Comply.

If the accused is arrested for violating the bail conditions and charged with Failing to Comply from a domestic assault charge, again the accused will be taken to the police station charged with the offence(s) and held in custody for a second Bail Hearing. Having been charged with a second offence while released from an initial offence the Justice of the Peace will consider keeping the accused in custody pending the domestic assault trial.

As well if any person has put up a surety/bond/or monies for the release of the accused the surety runs the risk of losing all the money that they pledged for the release.

Awaiting Trial

In Ontario it can take many months for a domestic assault case to come to trial. During this time the accused must follow the conditions of the release until the charges are completed. When the domestic assault trial has occurred or the accused has been sentenced after a guilty plea then the conditions of the release condition may be removed.

The family, victim or spouse of the accused charged with domestic assault cannot appear and ask that the charges be removed or dropped. The courts will not allow this to happen as it is not the victim or spouse who have laid the charges of assault but its the police who are charging the accused.

The only way that the conditions for a domestic assault can be removed or altered is for the accused to appear before the Justice asking for a variance to the conditions. The lawyers with OTT Legal understand all of the issues involved with your domestic assault charge and if you require or desire a change to the bail conditions we know how to represent you and bring this before the court.

You can call OTT Legal toll free throughout Ontario at 1-888-668-8946 to discuss any domestic assault charge with free of charge.

Appearing in Court

When the accused person appears in criminal court the court will want to know what you intend to with the Domestic Assault charge, and if you are represented by a lawyer. If you are not represented by a lawyer the court will allow you the opportunity to get legal advice.

On the first court or second court date the Crown Attorney will give you a copy of your disclosure. Disclosure is the criminal case against you and it is prepared by the Police Officers who are involved in your case. Disclosure usually consists of some or all of the following information,

The disclosure and police information of your domestic assault charge should be reviewed by our lawyers to best advise the accused and to see if there is a defense to the charge. Upon receiving the disclosure our lawyers will go over the case to best advise how we can help you.

With many first time domestic assault charges where there is no history of violence and/or abuse the Crown Attorney may be willing to drop the charges based upon the accused entering into a program of domestic counseling. At court the Crown Prosecutor can upon review,

Domestic Assault Program

If you have been charge with domestic assault involving your spouse/partner, the Crown Prosecutor may offer through the lawyer the opportunity to attend the Domestic Assault Program as a way to resolve your matter, thereby avoiding a criminal record and conviction.

The Crown Attorney determines who is eligible for the program and the decision is generally base on the seriousness of the allegations, whether or not the accused has a record, are there any outstanding charges, and whether there are children involved and any other factors.

The Crown will usually advise you if you are eligible for the program through your legal counsel which may be provided with the disclosure.

The Domestic Assault Program involves a 17 week counseling grogram. This program addresses issues of anger, stress and other factors unique to domestic relationships and provides information how how to deal with these issues in a nonviolent manner in the future.

Upon attending this program the Crown Prosecutor will usually vary the accused's bail conditions from the domestic assault charges, which may allow the accused to have contact with the complainant. This will only be permitted with both the complainant/spouse and the crown agree that the contact is appropriate.

Assault Definition

A person commits an domestic assault when:

Without the consent of another person, he or she applies force intentionally to that other person, directly or indirectly assaulting that person, or he or she attempts or threatens, by an act or a gesture, to apply force to another person, if that other person to believe upon reasonable grounds that the person has the ability to effect the assault.

As well a person can be assaulted by a person who openly wears or carries a weapon or an imitation thereof, and that person accosts or impedes another person or begs.

There are many levels of an assault from a simple assault called a "common assault" to spousal or domestic assault, and sexual assault. 

When criminal assault matters come to court "simple assaults" may be resolved by our legal representative by a peace bond, by conditions, or diversion where there is no criminal record or penalty. Spousal Assaults, domestic assaults, and more serious assaults will be seriously reviewed by the courts, and will not be dealt with lightly.

Assaults charges are considered serious offences by the courts. The penalties for these offences can include jail and serious consequences. Matters involving spousal assault/domestic assault will always be treated seriously with the police acting with strict enforcement, removal of a spouse from a home, and immediate hearings restricting the movements and living conditions of the accused.

As with all criminal charges the accused is subject to having their fingerprints and photograph taken and having a criminal record registered against them.

 

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