Domestic assault is a type of assault that happens between individuals in a domestic relationship. Acts that are committed with the intention of causing fear via death or bodily harm between people who have a domestic relationship fall under domestic assault. The involved parties could be intimate partners or family members. This can include parents, children, dating partners, siblings, ex-spouses, and spouses.

Even when complainants want to retract their statements, a charge of domestic assault cannot be dropped in Canada. This is because a charge of domestic assault belongs to the Crown once laid by the police. What is possible is for the complainant’s input to significantly influence how the prosecutor will handle the case. There is a chance that the prosecutor may drop the case if there is no reasonable chance of conviction or if pursuing the charge is not in the public’s best interest.

Reasonable grounds are needed before the police can lay a domestic assault charge. This means that they cannot act on mere suspicion.

What does having reasonable grounds mean? It means having enough basis to believe that an offence was committed just by looking at the details of the allegation from the point of view of an unbiased, prudent person.

The police may need to rely on information such as observation of the victim’s injuries, witness statements, data from the 911 dispatch, and visible property damage to determine if reasonable grounds exist.

With a charge of domestic assault, the accused will typically be detained by the police for a night and then go to a bail hearing. The Crown can oppose the defendant’s release or consent to a release during the bail hearing based on specified conditions. If the Crown opposes a bail release, there will be a contested bail hearing before a Justice of the Peace.

There are times when the Crown can be persuaded to accept a guilty plea to a lesser offence or withdraw the charge based on available data; hence, not all domestic assault charges result in a trial.

The topic of children is usually discussed in court as the bail is being set. The court will usually set restricted circumstances where the accused can see their children. This often involves the help of a third party to facilitate the arrangements.

The penalties for domestic assault vary depending on the severity of the offence. 

For those who plead guilty or were found guilty after the trial, the penalty for a charge of domestic assault can be as lenient as a discharge to as severe as a lengthy jail sentence. 

Ancillary orders such as firearms prohibition or DNA orders can be expected.

The consequences of a sexual assault charge can affect the accused’s reputation for life. An arrest may result in losing one’s job, being placed in restrictive bail conditions, and receiving unwanted attention and publicity. A guilty plea or a conviction will result in 18-24 months imprisonment for a summary conviction or as much as ten years imprisonment for an indictment. A conviction or a guilty plea will also lead to registration in the provincial sex offender registry, the national sex offender registry, and the national DNA Data Bank.

The fees charged by domestic assault lawyers depend on the complexity of your charge and other factors regarding the case. At Calvin Barry Law, we offer decades of legal expertise and knowledge to defend you in court. Contact us to discuss our fees and what we can do to assist you.