Domestic Abuse Lawyer in Toronto – Key Responsibilities

A Toronto Domestic Abuse Lawyer, also known as a domestic violence attorney, specializes in providing legal assistance to individuals involved in domestic violence situations.   In this article, a list of their role in domestic violence cases is outlined.

While there is no crime in the Criminal Code of Canada referred to as “domestic abuse”, a range of offences capture conduct that would be considered domestic, or interpersonal violence and abuse.  Some of these offences include:  Assault, Utter Threats, Sexual Assault, Criminal Harassment and Mischief.

If someone commits a crime within the context of a domestic relationship, their case will be treated as a “domestic” one, which are often assigned to specific court rooms and specific teams of prosecutors.

A Toronto Criminal Lawyer who takes on a domestic violence has a number of key responsibilities.  These include the following:

• Securing a release of client:  If their client has been detained pending a bail hearing, a Domestic Abuse Lawyer in Toronto will assist the client in securing bail, typically targeting the least onerous (or strict) type of release or conditions.

• Preparing a defence: Once a court date has been assigned to an accused charged with a Domestic Violence case, their Toronto Domestic Abuse Lawyer  will prepare a defence strategy to optimize the chance of success of their client.

• Varying release conditions:   Often time, an accused charged with a domestic assault in Toronto will face conditions that prevent them from having contact with the complainant who is often a loved one.  A key role of a Toronto Domestic Abuse Lawyer is to attempt to secure changes to those conditions, assuming the parties wish for change, in order to re-unite loved ones.

• Advocacy: Domestic violence lawyers in Toronto represent their clients in court proceedings, including hearings, trials, and negotiations with the opposing party or their attorney. They advocate for the best interests of their clients and present their case to the court. 

• Evidence Gathering:  Toronto Domestic Abuse Lawyers help collect evidence to support their client’s case, which may include medical records, police reports, witness statements, photographs, and any other relevant documentation.  Once your story is provided to the lawyer, the defence lawyer can narrow down what types of evidence, if any, to try and gather.

• Referrals to social agencies:  Domestic Abuse Lawyers in Toronto often have connections to social services, counseling, and support organizations that benefit their clients – both on an individual level as well as their legal position. For example, in the majority of Domestic Assault cases in Toronto, the Crown Attorney commonly “requires” that the accused complete a domestic oriented anger management program – referred to in the Court system as PAR (Partner Assault Response). An experienced Domestic Abuse Lawyer in Toronto will have resources to refer clients to in order to complete this type of programming.

• Legal Research:   Domestic Abuse Lawyers research relevant laws and legal precedents to build strong cases and make persuasive arguments in court.

• Drafting legal memos: Sometimes, Domestic Abuse Lawyers in Toronto will be required to prepare written legal memos for the Court or Crown.

Domestic violence lawyers play a crucial role in one of the most common types of criminal charges laid in Ontario – Domestic Assault. 

Andrew Captan is an experienced Domestic Abuse Lawyer in Toronto, with over 12 years of experience as a defence lawyer.  For a free case review, you can call him at (647) 878 – 6355 or visit his website HERE.