Domestic Abuse Lawyer Toronto: Defending Domestic Abuse Charges

Domestic abuse charges in Toronto are serious matters and not taken lightly by the criminal justice system. This is evident in the zero tolerance policing regarding domestic abuse cases, as well as the fact that domestic violence is deemed to be an “aggravating factor” for sentencing in court, which is a factor that would increase punishment severity.

Retaining a Domestic Abuse Lawyer in Toronto can be the difference between jail and remaining free in society.

What is Domestic Abuse?

Domestic abuse encompasses a range of behaviors used by one person to exert power and control over another within a domestic or intimate relationship. This includes:

• Physical abuse (hitting, slapping, choking)
• Sexual abuse (coerced or non-consensual sexual acts)
• Psychological abuse (intimidation, threats, isolation)
• Verbal abuse (yelling, belittling, constant criticism)
• Financial abuse (controlling money, denying access to financial resources)
• Technological abuse (using digital tools to harass or stalk)

The abuse may occur between current or former spouses, common-law partners, dating partners, or family members. While not all Domestic Abuse in Toronto is criminalized, a lot of it is.

For example, all of the following would constitute a criminal offence:

• Physical abuse would amount to assault charges
• Sexual abuse would lead to sexual assault charges
• Psychological abuse in the form of threats would lead to threatening charges
• Technological abuse, where someone is harassed or stalked, would lead to criminal harassment charges

Bail Considerations for Domestic Abuse Charges in Toronto

If someone is held for bail in a domestic abuse case in Ontario, several procedures and considerations come into play. The primary concern is ensuring the safety and security of the victim, which often results in the accused being detained until a bail hearing can be conducted Borraro v. Greater Sudbury Police Force, [2011] O.H.R.T.D. No. 228, R. v. Khinda, [2020] O.J. No. 5330.

During the bail hearing, the court will assess various factors, including the likelihood of the accused re-offending and the potential risk to the victim. The court may impose strict conditions on the accused if bail is granted, such as prohibiting contact with the victim, surrendering any firearms, and possibly attending counselling or intervention programs May (Re), 1998 LNONCI 15018, c. Ensure the Client Does Not Commit Any Further Offences. The court aims to balance the rights of the accused with the need to protect the victim and the public R. v. Khinda, [2020] O.J. No. 5330.

In cases where the accused is not granted bail, they will remain in custody until their trial. The decision to hold an accused in custody is influenced by the severity of the offence, the accused’s criminal history, and the perceived risk of further harm to the victim or the community Borraro v. Greater Sudbury Police Force, [2011] O.H.R.T.D. No. 228, R. v. Khinda, [2020] O.J. No. 5330. The presence of a surety, who can supervise the accused and ensure compliance with bail conditions, can also impact the court’s decision.

Overall, the process is designed to address the immediate safety concerns while ensuring that the accused’s rights are respected throughout the legal proceedings. A Domestic Abuse Lawyer in Toronto can navigate the bail process and assist you with securing the least onerous set of conditions possible.

How Domestic Abuse is Prosecuted Under the Criminal Code

Although the term domestic violence does not appear in the Criminal Code, a wide range of offences can be applied depending on the nature of the abuse. Some of the most common charges include:

1. Assault (Sections 265–268)

This includes any application of force without consent. Charges may range from simple assault to aggravated assault, depending on the harm caused. Domestic assaults are taken seriously, often resulting in no-contact orders and conditions on release.

2. Uttering Threats (Section 264.1)

Threatening to cause death or bodily harm, damage property, or harm pets can be grounds for criminal charges, even if the threat is not acted upon.

3. Criminal Harassment (Section 264)

This includes repeated and unwanted communication, following or watching someone, and conduct that causes a person to fear for their safety.

4. Sexual Assault (Sections 271–273)

Non-consensual sexual contact within a domestic setting is a serious offence. Spousal relationships do not negate the need for consent.

5. Unlawful Confinement (Section 279)

Preventing someone from leaving a location, often used in controlling relationships, can constitute unlawful confinement.

6. Failure to Provide the Necessaries of Life (Section 215)

In situations involving neglect, particularly when children or elderly family members are involved, this charge may apply.

7. Mischief (Section 430)

Damaging property during a domestic incident (e.g., breaking a partner’s phone or destroying household items) can also be charged under the Criminal Code.

If you or a loved one has been charged with any Domestic Abuse related offence, contact an experienced Domestic Abuse Lawyer in Toronto today.

Special Considerations for Domestic Abuse Cases

Aggravating Factors in Sentencing

In 2015, amendments to the Criminal Code under Bill C-26 clarified that abuse of a spouse or common-law partner is considered an aggravating factor at sentencing (Section 718.2). This means that courts must consider the domestic context and may impose harsher penalties.

Bail and No-Contact Orders

When someone is charged with a domestic-related offence, they are often released with strict conditions. These may include staying away from the victim and their property. Failure to comply with such conditions would lead to additional criminal charges.

Peace Bonds and Restraining Orders

Victims who are concerned about their safety can apply for a peace bond (Section 810). This is a court order that requires the abuser to follow certain conditions, even if no criminal charges are laid. Breaching a peace bond is a criminal offence.

Dual Charging and Mandatory Charging Policies

In many provinces, police follow a mandatory charging policy when there is evidence of domestic violence, meaning they must lay charges if there are reasonable grounds. This can lead to dual charging, where both partners are charged. This can wreak havoc on relationships, where with one phone call to the police can lead to legal requirements to live apart for months.

What Happens if You’re Found Guilty of Domestic Abuse

If you are found guilty at a trial, or plead guilty, to Domestic Abuse charges in Toronto, then you will be sentenced by a Judge. Sentencing is the process by which a Judge imposes a punishment for the wrong doing.

Sentencing Considerations in Domestic Abuse Cases in Toronto

Domestic abuse offences in Ontario are taken very seriously by the legal system, with a strong emphasis on denunciation and deterrence. The Ontario Court of Appeal has consistently highlighted the severity of domestic violence and the need for stringent sentencing to protect victims and society at large.

Domestic violence is recognized as a pervasive issue that often involves repeated abuse, both physical and emotional, leading to ongoing fear and trauma for the victim. The courts have noted that crimes involving domestic relationships are particularly heinous because they are not isolated events but part of a continuous pattern of abuse R. v. Sarahang, [2021] O.J. No. 1999, R. v. R.C., [2013] O.J. No. 3144, R. v. McLeod, [2006] O.J. No. 3926. The principles of denunciation and deterrence are paramount in sentencing for domestic violence cases, especially when the abuse has occurred over an extended period R. v. R.C., [2018] O.J. No. 1725, R. v. B.S.S., [2015] O.J. No. 2649.

Defence Strategies for Domestic Abuse Charges in Toronto

There are a variety of defence strategies for Domestic Abuse cases in Toronto. A Domestic Abuse Lawyer in Toronto will have to review your disclosure in detail, particularly the complainant’s statement, in order to best assess the correct approach. Here are certain examples of strategies to employ:

• Negotiate a fair resolution for the accused (such as a peace bond or conditional discharge)
• Set a trial date and advance a substantive defence

Potential defences for domestic abuse charges under the Criminal Code of Canada vary. The most defences to raise at trial for domestic abuse related offences would include:

• Self defence
• Accident
• Mistake of fact
• Provocation

Retain an Experienced Domestic Abuse Lawyer in Toronto Today

Domestic abuse cases under the Criminal Code are handled through a patchwork of offences that aim to capture the broad and devastating impacts of intimate partner violence.

Andrew Captan has defended individuals charged with domestic violence for over 13 years, and has restored normalcy to the lives of families during this time.

He has assisted individuals from all walks of life and from a wide variety of professions, including:

• Lawyers
• Doctors
• Bankers
• Atheletes

For a free consultation, call (647) 878 – 6355 today.