Key Takeaways:
- The consequences of domestic assault convictions are stiff in Canada, ranging from fines to probation to lengthy prison sentences.
- Domestic assault encompasses a wide variety of offences, including physical violence, sexual violence, financial abuse, and much more.
- Prison sentences for severe domestic violence charges can exceed a decade in some cases. For aggravated assault, there’s a 14-year maximum.
- Courts may impose fines and deliver probation orders in less severe domestic abuse cases.
- Getting professional legal representation is critical for those wanting to avoid the worst penalties for these charges.
Table of Contents:
- What is a Legal Ramification?
- Types of Domestic Assault Offences
- Consequences of a Domestic Violence Conviction
- Long-Term Employment Consequences of a Domestic Violence Charge: How Does Domestic Violence Affect Employment?
- Common Defences for Domestic Abuse Charges
- Why You Need a Domestic Assault Lawyer in Toronto
When someone is accused of domestic abuse in Toronto, they could find themselves in serious trouble. In Toronto and throughout Canada, spousal abuse is not taken lightly. It’s punished severely. But no two cases are the same; domestic violence offences and consequences vary.
Given the uncertainty, it pays to learn what happens to those on the receiving end of a domestic assault conviction. And that’s where we can help.
We’ll share the most pertinent domestic violence facts and legal consequences that domestic abusers may face. Read on to learn the consequences of a domestic assault conviction.
What is a Legal Ramification?
Legal ramifications are legal consequences that arise in response to a specific action. Depending on the circumstances of the domestic abuse, ramifications may run the gamut from monetary fines to decades of prison time.
Types of Domestic Assault Offences
It’s time to get the facts about domestic violence types. The following offences qualify as domestic violence in Canada, per the Canadian Government:
- Coercive control, including reproductive coercion
- Criminal harassment/stalking
- Emotional and psychological abuse
- Financial/economic abuse
- Physical violence
- Sexual violence
- Spiritual abuse
- Technology-facilitated violence/cyberviolence
Keep in mind that these forms of spousal abuse apply regardless of a partner’s sexual orientation or gender.
The status of the relationship and the living situation are also of no concern when classifying a given action as domestic violence.
Consequences of a Domestic Violence Conviction
Once someone is charged with a domestic violence offence in Canada, their personal situation may very quickly deteriorate.
If evidence warrants it, the perpetrator will be arrested and taken to jail to wait for a bail hearing. After their case is heard by a judge, they might be sentenced to a certain length of additional jail time.
There are no absolutes when it comes to legal proceedings for domestic violence. Every case is different from the next.
Here are some of the main consequences of a domestic violence conviction:
Jail time
Yes, domestic violence cases often result in jail time for perpetrators. The amount of jail time depends on the details of the specific crime.
For instance, a domestic abuser convicted of aggravated assault may receive a jail sentence of up to 14 years.
If the assault involves criminal harassment/stalking, the jail term maxes out at 10 years. Assault (without aggravation) carries a maximum prison term of 5 years.
Probation
Sometimes, the court may deem it necessary to sentence a domestic abuse offender to probation. This punishment allows the offender to avoid jail time.
But they don’t get to shrug off legal ramifications entirely. They have to be supervised by a probation officer and are expected to follow the conditions indicated in the probation order.
The court may choose this form of legal punishment for several reasons. They may believe that the offender:
- Doesn’t deserve to be imprisoned.
- Could benefit from rehabilitation in their own community.
- Isn’t likely to be a danger to the community.
Fines
To deter domestic abusers from repeating an offence, the courts may also impose fines. The fine amount will be determined on a case-by-case basis, considering all the facts of a given case. Fines may be ordered along with probation or jail time.
Long-Term Employment Consequences of a Domestic Violence Charge: How Does Domestic Violence Affect Employment?
The legal ramifications of domestic violence affect employment prospects for offenders in two very substantial ways:
- Tarnished record can lower job marketability: Domestic violence charges show up on criminal background checks and can make it hard to find a job. Certain industries are more lenient than others, but criminal charges are universally frowned upon. Felonies tend to carry more weight than misdemeanors for employers.
- Difficulty keeping current job. Those who work in professions that require ongoing licensing could come into trouble after incurring a relationship violence charge. That’s because licensing and certification bodies may look into professionals’ criminal history before renewing or approving updated licensing/certification.
Common Defences for Domestic Abuse Charges
As serious an accusation as domestic abuse is, there are situations where individuals are falsely accused.
Here are some common defences for domestic abuse charges; lawyers may turn to them to counter the accusations and defend their clients:
- Self-defence
- False allegations
- Lack of proof
- Consent
- Mental health issues/emotional disturbance
- Lack of intent
Why You Need a Domestic Assault Lawyer in Toronto
Have you been accused of domestic assault? If so, you need a seasoned, capable domestic assault lawyer in Toronto to represent you — the best lawyer you can find.
The respected lawyers at Vilkhov Law specialize in assault law and work around the clock for their clients’ well-being. Whether you’re looking for a Barrie lawyer, or representation in other areas in Ontario like Newmarket, Richmond Hill, Vaughan or across the GTA, we’re ready to fight on your behalf.
Book your free consultation today to get started!
