Choosing the Right Domestic Assault Lawyer for Your Defense Needs
Introduction to Choosing a Domestic Assault Lawyer
Getting arrested for domestic violence charges can be intimidating. You can potentially be charged with many offences under the Criminal Code of Canada, including: Utter Threats, Assault, Assault with a Weapon, Mischief, Aggravated Assault, Sexual Assault and Assault Causing Bodily Harm. For more information on Indictable Offence vs. Summary, serious offences and their implications in Canada, you can review further legal advice.
Whether the accusation is intentional, false, exaggerated, or it’s as a result of being in a heated moment, domestic violence or intimate partner violence is taken very seriously by the Courts and police. The criminal justice system treats both domestic and spousal violence with utmost seriousness.
At Virk Barristers, our experienced domestic violence defence lawyers are here to help. The Crown Prosecutor plays a crucial role in laying and possibly withdrawing charges in domestic violence cases. Law enforcement and courts consider reasonable grounds when assessing allegations and granting restraining orders.
If you or someone you know has been arrested on a domestic assault charge, follow these crucial steps to protect your future.
Domestic Violence Definition and Types
Understanding the various forms domestic violence can take is crucial for recognizing and addressing it effectively.
Definition of Domestic Violence:
Domestic violence, also known as family violence or intimate partner violence, encompasses a range of abusive behaviours that can be physical, emotional, psychological, social, or financial.
It is a pattern of behaviour used to control and dominate another person within an intimate relationship, which can include current or former spouses, common-law partners, or dating partners.
How to Deal with a Domestic Violence Arrest:
When police respond to a domestic incident, an arrest is often made, even with minimal evidence. Individuals are often held in custody after a domestic violence arrest until a bail hearing is set to determine their release conditions.
1. Stay Calm and Compliant During the Domestic Violence Arrest
Do not resist the domestic violence arrest or argue with the officers, no matter how unfair the situation may seem. Remaining calm helps your defence and prevents additional charges like resisting arrest or obstruction.
2. Assert Your Right to Remain Silent
If you have been arrested on a domestic assault charge, it is critical to avoid explaining or defending yourself to the police. Even well-meaning statements can be used against you. Politely say, “I am invoking my right to remain silent and wish to speak to a lawyer.” It is also crucial to consult experienced domestic assault lawyers who can navigate the complexities of such charges.
3. Do Not Contact the Complainant
After being charged, a no contact condition is often part of the bail hearing conditions issued by the police or Courts, even if the complainant wants to reconcile. Reaching out — even by text or through a third party — can lead to new criminal charges for breaking the conditions of your release.
4. Contact a Domestic Assault Lawyer Immediately
Time is critical in building a strong defence. A skilled domestic violence lawyer will:
- Examine police reports and evidence
- Identify inconsistencies in the complainant’s allegations
- Guide you on ways the lawyer will strategically meet with the Crown Attorney’s Office to discuss the case
- Work to raise a reasonable doubt to challenge the credibility of the complainant’s testimony
- Work to reduce or dismiss the charges before trial
- Represent you in Court to protect your rights. For resources related to Ontario courts, including court addresses and rules, visit our legal resources page
If you believe you have been falsely accused of a domestic assault charge, having an experienced domestic violence lawyer who knows how to challenge weak evidence can make all the difference.
What are the Consequences of a Domestic Violence Assault Charge Conviction?
A conviction for a domestic violence assault charge can result in:
- Jail sentence
- A permanent criminal record
- Loss of child custody or visitation rights
- Firearm restrictions
- Immigration consequences (for non-citizens)
Even if you’re a domestic violence first time offender, the long-term impact can be severe. That is why hiring a knowledgeable defence attorney is so important.
Do Domestic Assault Charges Lead to a Conviction?
An experienced domestic assault lawyer can guide you through the criminal justice system and assess whether your case can be negotiated without a conviction.
Crown Attorneys play a significant role in prosecuting domestic assault cases and are required to pursue domestic assault allegations vigorously. Factors that may lead the Crown to not convict are listed below:
- Insufficient Evidence – domestic violence charges may be dropped.
- Not in the Public Interest – domestic assault charges may be withdrawn.
- Victim’s Request – weakens the Crown’s domestic violence case.
The court’s consideration includes various factors when deciding whether to convict an individual charged with domestic violence.
How Can a Domestic Assault Lawyer Help My Case?
A criminal lawyer Mississauga can play a crucial role in securing the best possible outcome for your case by advising you on proactive steps that may lead to the withdrawal of charges or a more favourable resolution.
By leveraging their legal expertise, your domestic assault lawyer can guide you through options such as:
- Participating in anger management counselling
- Enrolling in a rehabilitation program if alcohol or drug use was involved
- Demonstrating genuine remorse and issuing an apology to the domestic assault victim
- Agreeing to enter a peace bond, particularly if the domestic relationship has ended
- Arguing that the alleged offence was first offence domestic violence, minor, or trivial in nature
Accused of Domestic Violence? Call Us for a Free Consultation Today
Facing a domestic assault charge does not make you guilty, but it does mean you need to take immediate action. A criminal charge for domestic abuse can have severe legal consequences.
At Virk Barristers, we understand the high stakes involved and provide aggressive, discreet, and strategic defence to protect your rights and reputation. If found guilty, the individual could face significant penalties, including jail time and a permanent criminal record.
We are available 24/7. Do not wait. Your future depends on what you do next.
Author Profile
- Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.
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