Domestic Assault Lawyers

What to Do if You Get a Domestic Violence Charge?

Considering the gravity of the consequences of conviction and the zero-tolerance policy for IPV in Ontario, domestic assault charges should not be taken lightly. Once a 911 call for domestic assault has been made, it is up to the police to decide whether to lay the charges, even if the other person changes their mind and does not want to press the case.

When you get a domestic assault charge, the police will inform you of your rights to remain silent and the right to retain a lawyer. Your best strategy is to invoke these rights, remain silent and search for a domestic violence lawyer near you as soon as possible to start working on your defence.

Why Is It Vital to Hire a Domestic Assault Lawyer to Defend You?

Having a domestic assault lawyer by your side is instrumental in all stages of the criminal process when facing charges. During this stressful period of your life, your lawyer will help you navigate the legal system, advocate for your release on bail, evaluate the prosecution’s case and allegations against you and help you mount a strong defence.

Domestic Assault Penalty in Ontario

A conviction for domestic assault charges in Ontario can have far-reaching consequences for anyone’s life beyond sentencing, including reputation, employment, housing and social opportunities.

• Sentence for an indictable offence. For aggravated domestic assault, for example, offences involving a weapon or bodily harm, the Crown may choose to prosecute the charges by indictment. In cases where the prosecution proceeds by indictment, the maximum penalty for the most serious form of domestic assault could be up to 14 years in prison.
• Sentence for summary offence. For less severe cases of domestic assault without aggravating circumstances, the prosecution may proceed with the case summarily. In summary conviction proceedings, the maximum penalty for domestic assault is two years less a day or a fine of up to $5,000.
• Criminal record. When someone is convicted of domestic assault, they will face the consequences of having a criminal record. Having a criminal record in place, your conviction of domestic assault will be visible to your employer, landlord or border control during a background check before it can be expunged.
• Probation. For non-aggravated cases of domestic violence, the judge may impose probation with counselling as a form of lighter sentence. Although probation comes with a formal conviction and criminal record, it has a less disruptive effect than a prison sentence, maximizing the liberties of the accused.
• Restraining orders. When someone is involved in domestic assault charges, they may face no-contact or restraining orders preventing them from communicating with the complainant, their family or other persons. These restrictions can be applied at any stage, including arrest, release on bail as well as after sentencing.
• Community service. In non-aggravated cases of domestic violence, for example, with first–time offenders, the court may impose community service in addition to or instead of other penalties such as jail time, probation or fines.
• Counseling or treatment. This option is an alternative court process allowing those involved in domestic violence against their intimate partner to take responsibility for their actions and receive counselling. Before someone is accepted into counselling, they must plead guilty to domestic assault.
• Surrender of firearms. A conviction for domestic assault charges is often followed by an order to surrender firearms as a measure to protect the complainant and the public.

Levels of Domestic Assault

There are several levels of intimate partner violence charges in Ontario, which define what the penalties are for domestic assault.

• Simple domestic assault. A domestic assault which does not result in notable physical or psychological harm to the victim and does not involve any object which can be classified as a weapon is the least serious of this type of offence. At the same time, a conviction for domestic assault not involving weapons or bodily harm can result in up to five years in prison for an indictable offence.
• Domestic assault with a weapon. Due to a wide definition of weapon in the Criminal Code of Canada, any object used to injure or intimidate the victim can fall under this definition, escalating charges to domestic assault with a weapon. Those convicted of domestic assault with a weapon face a maximum sentence of 10 years in indictment proceedings.
• Domestic assault causing bodily harm. When domestic violence results in bodily harm, which means a notable injury beyond minor injuries like marks or light scratches, the maximum sentence is 10 years in prison if charges are prosecuted by indictment.
• Domestic aggravated assault. This type of assault, which leads to wounds, maiming, disfigurement or danger to life, is considered the most serious among domestic assault charges. These criminal charges are prosecuted by indictment and can result in imprisonment of up to 14 years.

Defending Domestic Assault Charges

In all criminal matters, including domestic assault charges in Canada, building an effective defence should start as early as possible, preferably immediately after or even before the arrest.

Arrest and Bail

When you are arrested on charges of domestic violence, you will likely be held in custody pending a bail hearing. Retaining a domestic abuse lawyer before the trial would significantly increase your chances of release on bail and allow to start working on the defence strategy without delay.

Analyzing evidence

During the pretrial stage, your lawyer would request all evidence (referred to as “disclosure”) the Crown has against you, regardless of whether the prosecution plans to use it in court. Involving a lawyer in assessing the evidence allows for a comprehensive disclosure, as there are certain elements that the Crown will only release to the counsel.

Choosing the Mode of Trial

If your criminal matter proceeds to trial by indictment, your domestic violence lawyers will advise you on electing the mode of trial, which can have a significant impact on the outcome of your case. You will have the option to choose:

• trial by a provincial court judge,
• trial by judge alone in the Superior Court,
• trial by judge and jury in the Superior Court.

Defence Strategies to Contest the Charges

While no two criminal charges are the same, there are certain defence strategies available under the circumstances. The most common defences to contest domestic assault charges in Ontario include:

• Factual innocence. With this defence strategy, the domestic violence lawyer raises reasonable doubt about whether the assault occurred. This can be achieved by contesting the testimony and evidence in the absence of visible injuries, the presence of delay in claiming assault and other similar circumstances.
• Self-defence. When claiming acting in self-defence, the accused needs to prove that they had grounds to believe in the existence of the threat and acted to protect themselves against another person, including an intimate partner. For this defence to be valid, the accused needs to prove that their action was reasonable or proportionate to the perceived threat, including the nature of the threat, physical capabilities of parties to the incident and other factors.
• Consent. Although the judges have been resistant to recognizing consent in domestic assaults, the existence of consent in an altercation in the absence of notable bodily harm can be used as a defence to domestic violence charges.

Trusted Domestic Violence Lawyers

When facing allegations of intimate partner assault, you need the best domestic violence lawyers to contest the charges. Zero tolerance and “mandatory charging” policies applied by police and the Crown to domestic abuse cases call for the application of the most effective defence strategies tailored to your individual circumstances.

At Vilkhov Law, we have built a reputation as experienced domestic assault lawyers in Toronto and in other cities across Ontario. Our domestic assault lawyers have decades of combined experience in defending against domestic violence charges of all levels, including domestic assault with bodily harm, domestic assault with a weapon and aggravated domestic assault.

FAQ About Domestic Assault Charges