Domestic Abuse Lawyer Toronto
If you’re facing an assault charge that is alleged to have occurred in the context of a domestic relationship, contact our office for a FREE initial consultation and discuss your matter with an senior Domestic Abuse Lawyer in Toronto. We have defending individuals charged with a wide range of domestic cases for close to 15 years throughout the GTA. Some if the cases we assist with include:
- Domestic common assault
- Domestic assault with weapon
- Domestic assault by choking
- Domestic mischief
- Domestic threats
- Domestic criminal harassment
Domestic cases are usually handled by specific teams of Crown Attorneys and dealt with in specific court rooms that focus on domestic violence.
What Should You Do When Arrested for a Domestic Abuse Charge in Toronto
If you’ve been detained and arrested for a Domestic Abuse or Assault charge in Toronto, you have a legal right to speak to a lawyer. This right is afforded to you under s. 10(b) of the Charter of Rights and Freedoms. It makes sense, in all cases, to exercise that right. If you don’t have your own lawyer yet — for example, in a situation where you were unexpectedly arrested — that does not matter. The police must still fulfill that right. You will be given an opportunity to speak to a Duty Counsel lawyer who works for Legal Aid Ontario, and they have an obligation to advise you to the best of their ability about what to do in your specific situation.
Generally speaking, the advice given to you will be to NOT speak to police about what did, or didn’t, happen. Silence is invariably the safest way to proceed.
Once you are released from police custody, you can make efforts to retain your own Domestic Abuse Lawyer in Toronto.
What Happens Immediately Following My Arrest
Right after you are arrested (and after you’ve been given the opportunity to consult legal counsel), your detention may continue if the police decide to hold you for a bail (or show cause) hearing, or you may be released on conditions by police (called an Undertaking to a Peace Officer), with a requirement to attend court and for fingerprinting.
What Happens at a Bail Hearing in a Domestic Assault Case in Toronto
If you are held by police for a bail hearing, the next step is that the police must bring you before a Justice within 24 hours of your initial detention. A hearing would commence when you are brought before the court, or one would be scheduled for a later date for more complex cases. A bail hearing is a hearing at which a Court must decide whether, and on what condition, to release you on.
In Domestic Assault and Domestic Violence cases, the two main factors a Court will assess in determining these issues include:
- Whether you pose as a flight risk if released (also known as the “primary ground”)
- Whether you are at risk of re-offending if released (also known as the “secondary ground”)
If you are held for a bail hearing, you can retain either a private Domestic Abuse Lawyer in Toronto or use the services of Duty Counsel free of charge.
How Serious are Domestic Violence Charges
Every criminal charge is serious. Each and every one of them carries the risk of jail time and a criminal record. You should treat every criminal case with the utmost care and concern, given the long lasting and far reaching outcomes that the criminal justice system has.
Domestic Violence cases are no different. For example, a Domestic Assault, inherently, is more serious than a non-Domestic Assault, given that the Criminal Code of Canada explicitly states that it is an “aggravating factor” for an offence to be committed during the course of an interpersonal relationship. An aggravating factor is one that tends to increase punishment severity.
Retaining a Domestic Abuse Lawyer in Toronto will assist you with exploring all feasible options in your case, including options that might otherwise not present themselves without representation (such as the possibility of convincing the Crown Attorney to withdraw your charges).
How Long Do Domestic Cases Take in Court
Most domestic cases can be completed in about 5-8 months, if they are resolved without a trial, and about 14-18 months if a trial is required.
What are the Types of Resolutions in a Domestic Abuse Case
There are a number of ways in which a Domestic Abuse case might be resolved without proceeding to trial. The following are the various types of resolutions available:
- The Crown agrees to withdraw the Domestic Abuse charges unconditionally
- The Crown agrees to stay the Domestic Abuse charges
- The Crown agrees to withdraw the Domestic Abuse charges conditionally, by way of a Peace Bond (either a s. 810 or common law peace bond)
- If your case is not disposed of in the above mentioned ways, then a guilty plea would be required, and you would be sentenced following your guilty plea
What Happens at a Domestic Assault Trial
If your case is not resolved without a trial, then a trial is what would take place. At a trial, the Crown Attorney is responsible for proving each of the allegations against you beyond a reasonable doubt. The Crown does this by calling evidence (witnesses) at a trial, who testify abut the incident(s). You and your Domestic Abuse Lawyer in Toronto have the right to cross-examine each witness in order to raise defences to your charges. Also, you have the right to call evidence yourself, including your ability to testify and tell the Court what happened, and call witnesses who might benefit you.
Andrew Captan – Domestic Abuse Lawyer Toronto
Contact an experienced Domestic Abuse Lawyer in Toronto today to discuss questions you might have about your case, as well as potential defence strategies to employ. Call (647) 878 – 6355 or e-mail andrew@captanlaw.com for more information.
