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Domestic Assault

Domestic assault is a criminal charge that results from a conflict between two people in a domestic relationship. The relationship does not necessarily have to be husband and wife. It can be boyfriend and girlfriend, same-sex relationships, roommates or even siblings.

There are various paths toward the successful conclusion of a “domestic” assault case, and our team of trial lawyers has the resources and experience to assess the strengths and weaknesses of each particular case and assist you in reaching a successful outcome.

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When Experience Matters

What is a Domestic Assault?

Fighting hard for your case should be your priority when charged with domestic assault because a conviction means a mark on your life through a criminal record. 

If you end up in Family Court someday, such as in the case of a custody battle, a record for domestic assault can make things harder for you. You must set yourself for the best defence possible by hiring an experienced domestic assault lawyer like Calvin Barry.

Domestic assault

Domestic Assault Charges

Conflict is defined as any oppressive, forceful, or violent act. You can be charged with domestic assault if you:

Other grounds for charges include an act in which a victim fears their safety.

Penalties

What to Do if You’re Charged with Domestic Assault

If you are charged with domestic assault or simple assault, allegedly, you must:

Not plead guilty

Immediately consult with a criminal lawyer

Gather all evidence that supports your case

Cooperate with the police

Remain calm

Conclusion: there are various paths toward successfully concluding a “domestic” assault case. Calvin Barry and his team have successfully defended numerous cases involving domestic assault and have experience in this area of law. Our trial lawyers have the resources and expertise to assess the strengths and weaknesses of each particular case and assist you in reaching a successful outcome.

At Calvin Barry Law, We Fight for Your Rights.

Our Domestic Assault Defence

We will give the judge a comprehensive background of factors that led to the assault even when the Crown prosecutor has proven your involvement in the assault. This will allow the judge to see both sides of the case instead of just hearing just the complainant’s side, which may result in a ruling against you.

It Is Possible to Be Released on Bail

If we can prove you are not a danger to society, we will get you released on bail.

We Will Help You Find Witnesses

Part of our defence for domestic assault is gathering evidence to cast doubt if a crime was truly committed by the accused on the day in question. We will help you find witnesses and help prepare them for your defence.

Request of the Crown Prosecutor

As your legal counsel, we will protest the prosecutor’s actions to prevent the issuance of such a warrant and call upon the prosecutor for a withdrawal of charges.

Case Due to a Mental Illness

It is unfortunately common that people who suffer from mental illness also make false accusations against their partner in domestic assault cases. These false accusations are made because they often feel trapped and powerless which leads them to blame someone else for their circumstances.
If you've been falsely accused of domestic assault due to a mental illness, contact Calvin Barry today.

Calvin Barry's Law

Domestic Assault Charge in Canada

Defending a domestic assault charge poses different challenges compared to defending other cases. 

When introduced by the right party, some legal complexities can only be used for the defence’s advantage. It is of utmost importance to have a competent Toronto domestic assault lawyer who can present a strong defence when facing the relentless prosecutors who often handle domestic assault cases.

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Domestic Assault FAQS

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.

Consulting with an experienced domestic assault defence lawyer is one of the smartest first steps when defending oneself from a charge of domestic assault, as this is a charge that cannot be dropped quickly. Building a solid defence can lead to an acquittal, a withdrawal of charges, or more lenient penalties via a plea bargain with the Crown.

Calvin Barry has over 30 years of legal knowledge and experience to help you defend yourself from a domestic assault charge. Call Calvin Barry Law at 1-866-961-4963 for a consultation at your earliest convenience.

Domestic assault cases that result in a trial are usually complex and challenging. As a defendant, you should know that you will face limitations even when you can represent yourself in court. A defendant is not allowed to cross-examine the complainant and will need an appointed lawyer to do so. Court-appointed lawyers will not help you in other aspects of defence. They do not have to conduct the cross-examination in a manner that you want, as their sole responsibility is to cross-examine the complainant in any way they deem fit.

Note that domestic assault trials usually involve the Crown submitting prior alleged incidents of abuse as part of the evidence to form a background narrative. This narrative evidence is often highly prejudicial to the defendant as this is not proof of the alleged offence but only a way to create a narrative that fits the alleged offence. An experienced domestic assault lawyer will know how to counter these prosecution tactics with a good defence focusing on what happened and not what allegedly happened in related incidences.

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.

Once convicted of domestic assault, the charges will remain on the accused’s criminal record. Suppose you’ve been convicted of domestic assault. In that case, the mark on your permanent record can have life-long effects on your living arrangements, ability to gain employment, maintain future relationships, and freedom to travel. It is best to avoid a conviction as best as you can with the assistance of an experienced criminal defence lawyer.

Calvin Barry Law is at your service. Hiring a seasoned domestic assault lawyer is your best defence to avoid life-long negative effects and combat false allegations. Contact Calvin Barry if you are looking for a domestic assault lawyer in Toronto and nearby areas.

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.

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