Tips in Defending Domestic Assault Charges in Toronto

Introduction

I have been a Toronto Domestic Violence Lawyer since 2011. With over 13 years of representing individuals charged with Domestic Assault and Violence offences, I have noticed patterns develop in cases that ended in positive outcomes, as well as strategies employed that have worked well.

In this article, I share some of the important tips and strategies in defending these types of criminal cases.

This article could benefit any one of the following groups of people:

• Unrepresented parties
• Articling students
• Junior criminal defence lawyers

I will get right into it.  For a consultation with me to discuss how I might be able to assist you with your case, you can visit my website HERE.

Crown Screening Positions – Scrutinize Them Carefully

When you receive your initial disclosure, you may have also received a document in that package called an Adult Charge Screening Form.  That form typically (but not always) will set out what the Crown’s resolution position is.

In my experience, regardless of how reasonable that position is, I find that it’s always worth having a Crown pre-trial meeting to see if that position can be “bettered” in any way.

For example, let’s say the Crown screens your domestic assault case for a “810 Peace Bond”, which would mean that they ultimately would be willing to withdraw your charge(s).  While that may be a good outcome for you, there still may be ways to improve it, including by:

• Negotiating a withdrawal of charges without a peace bond
• Negotiating a shorter peace bond period (an 810 peace bond can be any length up to an including 12 months)

In short, be hesitant to simply “accept” a position without scrutinizing it in more detail no matter how reasonable it may seem.

Re-uniting Accused with Loved One – Consider Applications to Court

 When charged with a Domestic Abuse Charge in Toronto, invariably the accused will be placed on conditions to have no contact with the other party / significant other, effectively having them removed from the home.  In cases where there is justification to have the parties re-unite, such as the complainant developing a need to have the accused be at home, a variation of the conditions can occur either on the consent of the Crown or by way of an application.

In my experience, Crowns are reluctant to consent to these changes early on in a criminal case.  If a Crown opposes a request on consent, I find that an application to the Court is an underused way in which to potentially reunite the accused and complainant.  Even the filing of the application, and serving the Crown, may lead to the Crown to change their tune on consenting.

Depending on your release, the application may be different:

• If you were released on an Undertaking to a Peace Officer, the application is made in the Ontario Court of Justice by way of a Form 1 and supporting material
• If you were released on a bail, the application is a “Bail Review” application and is made in the Superior Court of Justice

Resolution Position Unsatisfactory to Accused – Consider Setting a Trial

There have been a number of cases that I have worked on where the Crown and myself simply can’t come to terms on a resolution – for example, they will not agree to withdraw the charges by way of a peace bond, even if I am of the view that a peace bond may be a reasonable outcome.  I have observed people in this position (outside my practice) “giving in” to the Crown, and accept a resolution that involves a guilty plea.

My suggestion in situations where you think that an outcome would be justified, like a withdrawal of charges, that does not involve a criminal record but the Crown does not agree, consider setting a trial date for the sake of continued resolution discussions.  And I say this even if the accused may be “dead to rights” and have no legal defence at a trial.

A skilled Domestic Abuse Lawyer in Toronto understands that simply because a trial is set, does not mean the trial has to be run / occur.  Time and time again, I have employed this strategy and yielded positive results with it, including numerous withdrawals of charges either close to the trial date or on the day of trial itself.

Be Polite, Respectful and Compassionate of (or To) All Parties Involved

This tip is more relevant to articling students and junior lawyers. 

Domestic violence charges are usually dealt with by specific teams of Crown Attorneys.  There is a good chance that you will work with the same Crown multiple times in your career.  A good practice is to always be courteous with them and respectful of them right off the hop.  Crowns are humans.  Treat them well and they will remember that. Treat them poorly and they will remember that too.  While their decision making process on a case you have with them may not directly be influenced by how polite and kind you are to them, indirectly it can be.

For example, if you build a good relationship with a Crown, they will be more likely to trust what you report to them about your client. Sometimes, comments you make can be supported by documents, but other times it can’t.  A Crown who respects and trusts you because you have treated them professionally from the get go will be more likely to accept what you say.  And what you say will have a key impact on your client’s case.

Counselling is Key – But Make it Relevant

Obtaining positive outcomes in Domestic Assault Cases in Toronto will often depend on what your client is willing to do up front.  People facing Domestic Assault Charges will stand a stronger chance at securing a positive resolution to their case if they are willing to perform the types of counselling that might be relevant to the charges and their situation.  And this may include counselling other than Anger Management or PAR counselling, including:

• Alcohol use counselling if alcohol was involved
• Parenting counselling if children were present during the incident
• Mental health counselling if stress, anxiety or more serious mental health issues were at play at the time of the incident
• Couples counselling (in the right circumstances, where the conditions the accused is on permit this)
• Social boundaries regulation (particularly where the Domestic matter involves a criminal harassment charge).

Conclusion

I have provided you some tips and suggestions on how to do well in Domestic Abuse Cases in Toronto.  There are a number of other strategies to employ as well – these are just the tip of the iceberg.

For a FREE consultation with me to discuss your Domestic Assault case, please call (647) 878 – 6355, e-mail andrew@captanlaw.com or visit my website HERE.

Best of luck!