Domestic Violence Lawyer Toronto
If you’re facing a Domestic Violence charge in Toronto, this article addresses some frequently asked questions, and sheds light on the court process that you’re about to embark on.
The first step in the process should be to consult with a Domestic Violence Lawyer in Toronto to ensure your rights are adequately protected throughout the process.
Andrew Captan is an experienced Domestic Violence Lawyer and practices throughout Southern Ontario. For a free consultation, call (647) 878 – 6355.
How Common are Domestic Cases in Ontario
Domestic violence cases are quite common in Ontario. Various sources indicate that domestic violence is a significant issue affecting many individuals and families across the province.
Statistics from the Ontario Domestic Violence Death Review Committee reveal that between 2003 and 2017, 311 cases involving 445 deaths were reviewed, with 72% of these cases involving a history of domestic violence. This highlights the prevalence and severe consequences of domestic violence in Ontario.
Additionally, a 2004 survey found that the rate of police-reported spousal violence in Canada was 323 per 100,000 women, indicating a substantial number of cases.
Further data from Statistics Canada in 2023 reported 139,020 victims of family violence and 123,319 victims of intimate partner violence in Canada, representing a rate of 350 victims of family violence and 354 victims of intimate partner violence per 100,000 population. These figures underscore the widespread nature of domestic violence in the region.
Moreover, the Ontario Career Colleges Act, 2005, mandates that career colleges have a sexual violence policy, which includes addressing incidents and complaints of sexual violence involving students, further indicating the systemic efforts to combat domestic violence.
Overall, the data and legislative measures reflect the commonality and seriousness of domestic violence cases in Ontario, necessitating ongoing attention and intervention to protect and support victims.
The Ontario Court of Justice is often inundated with domestic violence cases. Domestic Violence Lawyers throughout the province, therefore, are experienced with these types of matters, given their prevalence.
Understanding Domestic Violence Law in Canada
Domestic violence refers to abusive behaviour within an intimate relationship, including physical, emotional, psychological, financial, or sexual abuse. Under Canadian law, there is no standalone “domestic violence” offence. Instead, acts of domestic violence are prosecuted under general provisions in the Criminal Code of Canada, such as assault, uttering threats, criminal harassment, forcible confinement, and sexual assault.
However, when such acts occur in a domestic context, they are treated more seriously. Courts in Toronto and across Ontario often consider the breach of trust inherent in domestic cases an aggravating factor during sentencing. This is where the role of a domestic violence lawyer in Toronto becomes critical.
Sentencing in Domestic Violence Cases in Toronto
Sentencing in domestic violence cases under the Criminal Code of Canada involves several key principles and considerations. The primary objectives in sentencing for domestic violence offences are denunciation and deterrence, both general and specific. This is because domestic violence is recognized as a significant societal issue that requires a strong judicial response to prevent future occurrences and to express societal condemnation of such behaviour R. v. Dunlop, [2014] O.J. No. 528, R. v. Nash, [2000] O.J. No. 2626.
The Criminal Code specifically identifies domestic violence as an aggravating factor in sentencing. Section 718.2(a)(ii) of the Criminal Code mandates that evidence of spousal abuse must be considered an aggravating circumstance, which typically results in harsher penalties for offenders R. v. Dunlop, [2014] O.J. No. 528, R. v. Nash, [2000] O.J. No. 2626, R. v. Boutilier, [2003] O.J. No. 4515. This is intended to reflect the seriousness of the offence and the need to protect victims and society at large.
Courts across Canada have consistently emphasized the importance of proportionality in sentencing, ensuring that the punishment fits both the gravity of the offence and the offender’s degree of responsibility. This principle is codified in section 718.1 of the Criminal Code R. v. House, [2012] N.J. No. 69, R. v. Cox, [2021] N.J. No. 195, R. v. Peddle, [2022] N.J. No. 80. Additionally, the courts have highlighted the enduring impact of domestic violence on victims, which further justifies the need for stringent sentences R. v. Poitras, [2016] S.J. No. 626.
In practice, sentences for domestic violence can vary widely depending on the specifics of the case, including the severity of the abuse, the offender’s criminal history, and any mitigating or aggravating factors. However, the overarching goal remains to impose sentences that adequately reflect the harm caused and deter future offences R. v. Dunlop, [2014] O.J. No. 528, R. v. Nash, [2000] O.J. No. 2626.
Overall, the sentencing framework for domestic violence under the Criminal Code of Canada is designed to address the unique and serious nature of these offences, ensuring that justice is served while prioritizing the protection of victims and the broader community.
An experienced Domestic Violence Lawyer in Toronto can assist with navigating the sentencing process and to reduce the severity of any punishment you may face.
Why You Need a Domestic Violence Lawyer in Toronto
Domestic violence cases can be highly emotional, legally complex, and life-altering. Having a qualified domestic violence lawyer offers several benefits:
1. Legal Guidance and Strategy Development
2. Assisting with Securing Less Onerous Bail Conditions
3. Avoiding Criminal Records and Securing Withdrawals of Charges
4. Ensuring Criminal Court Orders Do Not Jeopardize Family Court ones
No domestic violence case in Toronto is too small to retain expert guidance for. A seasoned Domestic Violence Lawyer in Toronto will protect your rights in all of the above respects and many more.
What to Expect When Facing Domestic Violence Charges in Toronto
If you’ve been charged with a domestic violence offence, the legal process in Toronto typically involves several stages:
1. Arrest and Charges
Once police are called and determine there’s reasonable evidence of abuse, they are often required to lay charges—even if the alleged victim doesn’t want to proceed.
2. Bail Hearing or Release on Form 10 by Police
After arrest, the accused is either released on conditions or held for a bail hearing. A domestic violence lawyer in Toronto can advocate for your release and argue for reasonable conditions.
3. Disclosure and Case Preparation
The Crown must provide disclosure, including police reports, witness statements, and video or audio evidence. Your lawyer will review these materials carefully, advising you on options including trial, plea negotiations, or diversion.
4. Trial or Resolution
If the case proceeds to trial, your lawyer will cross-examine witnesses, present evidence, and make legal arguments. Alternatively, if you choose to resolve the case early, a skilled lawyer can often negotiate a more favorable outcome, such as securing withdrawals of charges where possible.
Bail Hearings for Domestic Assault Charges in Toronto
If you are about to be charged with a domestic violence related charge, the police have the discretion as to whether or not to release you on a Form 10 (conditions issued by the police) or detain you for a show cause (bail) hearing. Often, they opt for the latter, even for first time offenders.
Bail hearings for domestic assault cases under the Criminal Code of Canada involve several considerations and procedures. The primary goal is to ensure the safety of the victim while balancing the rights of the accused. In domestic violence cases, the prosecutor must advise the judicial officer to consider imposing terms that prevent the accused from possessing weapons and to surrender any firearms acquisition certificates May (Re), 1998 LNONCI 15018.
Prosecutors are generally advised to oppose bail unless they are satisfied that conditions can be imposed to ensure the victim’s safety and prevent further offences. This includes opposing release in cases where the accused has a history of breaching prior release conditions or has a record of such breaches May (Re), 1998 LNONCI 15018. The court may also rely on information from sources like the Children’s Aid Society to assess concerns about family violence.
In cases where the accused has a history of mental health issues, they may be directed to mental health court to determine if a fitness assessment is needed. This decision involves input from the Crown attorney, the Canadian Mental Health Association, the accused, the judge, and defence counsel.
Overall, the process is designed to protect the victim while ensuring that the accused’s rights are respected, with specific measures in place to address the unique challenges posed by domestic violence cases.
Retaining a Domestic Violence Lawyer in Toronto for a bail hearing can pay dividends in the long run, as they can carefully work with you to come up with a release plan prior to you stepping into custody, where planning becomes all the more difficult.
Lowest and Highest Punishments for Domestic Assault
Domestic Assault comprise of a significant portion of domestic related offences that are laid by the Toronto Police Service.
The lowest and highest punishments for domestic assault under the Criminal Code of Canada vary depending on the specific circumstances and the manner in which the Crown chooses to proceed with the charges.
For domestic assault, if the Crown proceeds summarily, the maximum sentence is 6 months of imprisonment and/or a fine not exceeding $5,000.
However, in cases of more severe domestic assault, such as aggravated assault, the maximum sentence can be significantly higher. For example, aggravated assault under section 268 of the Criminal Code can result in imprisonment for a term not exceeding 14 years.
Sentencing for domestic assault is highly individualistic and depends on the specific facts and circumstances of each case. For instance, in the case of R. v. Carrington, sentences for domestic aggravated assault ranged from 3.5 years to 11 years, depending on the aggravating and mitigating factors present in each case R. v. Carrington, [2002] O.J. No. 2818. Additionally, in the case of Bear, the offender received an 18-month sentence for multiple incidents of domestic violence, including choking.
In summary, the lowest punishment for domestic assault can be as minimal as a fine or a short custodial sentence, while the highest punishment can reach up to 14 years of imprisonment for aggravated assault, with specific sentences varying based on the details of each case and the presence of aggravating or mitigating factors.
A Domestic Violence Lawyer in Toronto can assist with taking all steps to put you at the lowest end of the sentencing range for a Domestic Assault case.
