Domestic Assault Lawyer in Toronto

Introduction

Andrew Captan – Domestic Assault Lawyer is an experienced Criminal Defence Lawyer stationed in Toronto, and, in this article, provides tips to locating the best Domestic Violence Lawyer for you. You may schedule a consultation with Andrew Captan by calling (647) 878-6355, e-mailing andrew@captanlaw.com or visiting his website HERE.

Introduction to Domestic Assault Charges

Have you been charged with a Domestic Assault or Domestic Violence related offence? Your search for a Domestic Assault Lawyer begins here!

Unfortunately, Domestic Assault and Domestic Violence in Toronto, as well as Canada-wide, is common place. So common place that many Canadian cities, including Toronto (as of July 2023), have declared intimate partner violence an epidemic. With this this declaration, one can expect an increased “crime-control” approach to these charges, including:

• Stiffer penalties in court
• More limits on police discretion in investigating Domestic Violence accusations
• More individuals held in custody and denied bail

Andrew Captan is an experienced Domestic Violence Lawyer in Toronto. Through his experience both with Domestic Violence cases and working along side other Domestic Assault Lawyers, he can provide you with “insider” information about how to narrow down your search for a lawyer to help you with your Domestic Violence case, and how to locate the best one, or the best fit, for you.

Finding the Best Domestic Assault Lawyer in Toronto for you may seem like a daunting task, especially if you’ve never been charged with a domestic violence offence before.   Domestic Violence offences, and Domestic Charges in general, encompass a wide range of criminal charges, such as:

• Assault simplicitor
• Assault with weapon
• Assault causing bodily harm
• Assault by choking
• Aggravated Assault
• Criminal Harassment
• Mischief to Property
• Sexual Assault

While there is no particular offence in the Criminal Code of Canada called “Domestic Violence”, an offence, such as one of the above mentioned ones, becomes “domestic” once it’s committed within the confines of a domestic or intimate relationship. Some examples of a domestic or intimate relationship include:

• Husband and wife
• Common law partners
• Boyfriend and girlfriend
• Ex partners or lovers
• Co-parents
• Primary family members (parent and child)

If you are in any of these relationships and commit a crime, the crime will be viewed as a Domestic one. Section 718.2 of the Criminal Code of Canada identifies that it is an aggravating factor to commit an offence where the victim is the “offender’s intimate partner or a member of the victim or offender’s family”.

The most common type of “domestic” criminal charge that the police lay is Assault. Assault is essentially any intentional contact with another person that the other person does not consent to. An Assault can be a wide range of behaviour. As a Domestic Assault Lawyer in Toronto, I commonly see the following types of physical contact lead to criminal charges against clients:

• Pushing or shoving the other person;
• Spitting at the other person;
• Grabbing the other person’s arm or wrist
• Throwing the other person to the ground
• Grabbing the other person around the neck or choking them
• “Bear” hugging the other person
• Punching the other person
• Kicking the other person

Outcomes of Domestic Assault cases in Toronto will often be dictated by a number of factors, including the seriousness of the offence, experience of your Toronto Domestic Assault Lawyer, prior criminal history (if any), amongst other factors. The following are potential outcomes based on the law today for your Domestic Assault or Violence charges in Toronto:

• Withdrawn charges (either outright or by way of a Peace Bond)
• A Discharge – either Absolute or Conditional
• A Suspended Sentence & Probation
• A fine
• A Conditional Sentence of Imprisonment
• Jail (or Custody)

All outcomes mentioned above involve a permanent criminal conviction starting at the “Suspended Sentence & Probation” level and moving down on the list. A Discharge and a withdrawn charge both do not involve a criminal conviction in Canada. An experienced Domestic Assault Lawyer Toronto will be able to target the best possible outcome for you given the circumstances of your case.

Some real world examples of cases and their respective outcomes include the following:

• R. v. Singh, 2014 ONSC 2289 – The accused was found guilty of assault for slapping his wife and threatening to kill her and was sentenced to a conditional discharge.
• R. v. Brown, 2005 CanLII 24762 – The court imposed an absolute discharge on a finding of guilt where the accused was found to have pushed his estranged wife
• R. v. Vassell, 2016 ONSC 1973 – Accused pleaded guilty to an assault on his former girlfriend. After breaking up, the accused approached victim at shopping mall where they argued. That argument became physical and accused assaulted victim, then fled. The accused had a previous youth and adult record. A Suspended Sentence & Probation was imposed
• R. v. Milne, 2016 ONCJ 526- After an argument occurred, the victim raised her hand to slap the accused and the accused kicked her legs out from under her, grabbed her by neck, and assaulted her on ground. During a struggle, the accused struck victim with door, punched her, choked her and bent her cell phone, rendering it inoperable The accused was sentenced to a Conditional Sentence of Imprisonment

In this article, I outline some of the steps you can take to locate the Best Domestic Assault Lawyer in Toronto for you.  Note that everyone is different, and people have their own personal preferences, priorities and goals, so this list is meant to assist on a general level. Do your own due diligence when searching for a Toronto Domestic Assault Lawyer.

So, you’ve been charged and either released on bail or an undertaking to a police officer, and know exactly what you’ve been charged with.  The paperwork you receive may be confusion and you require clarification on it. This is the most common point at which individuals begin their search for a Toronto Domestic Assault Lawyer, although it is possible the search begins earlier when the police have reached out to an individual asking them to turn themselves in.

Step 1 – Create a list of Toronto Domestic Violence Lawyer candidates

While many Criminal Lawyers in Toronto practice in Domestic Assault and Domestic Violence cases, it is possible that some do not, or generally shy away from them.  A good starting point is to narrow down your search in Google to certain keywords that target Domestic Violence Lawyers, such as:

• Toronto Domestic Assault Lawyer
• Domestic Assault Lawyer Toronto
• Best Domestic Assault Lawyer in Toronto
• Best Domestic Violence Lawyer Toronto
• Domestic Violence Lawyer Toronto

You may also want to ask around in your network of people if they’ve heard of a good Criminal Lawyer in Toronto; however, some people stick to online searches, and are too embarrassed to ask others for help.

Make a list of some Criminal Lawyers who stand out on your initial search – whether it be the size of their firm, the quality of their website or the nature of the information they present surrounding Domestic Assault Cases. It will be an impossible task to review every single Criminal Law Firm that pops up on your search, so it would make sense to jot down a total of 10 Criminal Lawyers or Firms.

Here, it’s worthy to note that, in conducting online searches in attempt to find the Best Domestic Assault Lawyer in Toronto for you, you will find websites that create “top 3”, “top 5” or “top 10” lists for Toronto Criminal Lawyers, suggesting that the number one on that list would be the “top” (or best) Toronto Criminal Lawyer to hire. Be careful as to how you rely on these lists, as I have written about in an article that can be found HERE.

Often time, but not always, these website will receive “ad” money from lawyers to have their profiles listed on their list. In other cases, the websites profit in other ways from traffic to their sites, and providing an accurate list of some of the best Toronto Criminal Lawyers may be a second priority.

Step 2 – Make a Short List of Toronto Domestic Assault Lawyers

At this stage, it makes sense to make a short list of Toronto Domestic Violence Lawyers who meet certain important criteria, such as:

• Their office being within travel distance to you, in case you need to meet in person
• They have a web presence that suggests they are respected in the profession (for example, you can review whether they have a Google My Business page and what their reviews are like)
• They have strong and positive feedback from clients who have provided reviews (note that not all good quality criminal lawyers may have a large number of reviews online and, similarly, not all lawyers who have a high number of positive reviews may be good quality lawyers!)
• The information associated with the Criminal Lawyer or Firm suggests they have in depth experience in Domestic Assault cases

Narrow down the first list of 10 Criminal Lawyers to approximately 5 by navigating these types of factors. Your search has to continue and the harder part begins after Step 2 – but be patient!

Step 3 – Schedule a Consultation with a Toronto Domestic Assault Lawyer

The further you proceed down the list of suggested steps, the more important each step becomes.

The next step would be to schedule a consultation with the Domestic Violence Lawyers you made a short list of. I would suggest calling each Criminal Lawyer or Firm on your short list and asking if a consultation can be scheduled. Note that some Criminal Lawyers in Toronto charge for case consultations and others don’t. You may have a preference here, or you may not, but make sure to clarify whether the consultation is free so you don’t receive a bill afterwards while not expecting one.

Nowadays, many Toronto Criminal Lawyers choose to conduct the initial consultation by video conferencing, such as by Zoom, but some still conduct the meeting in person. Therefore, you should clarify what the mode of the consultation will be before committing.

Step 4:   What to ask during a consultation with a Domestic Assault Lawyer

This is likely the single most significant factor when finding the best Toronto domestic assault lawyer for you, and were you can carefully refine your search for the Best Domestic Assault Lawyer in Toronto for you.

Google reviews, other online reviews and the lawyer’s overall online presence, are important factors to look at when screening lawyers.  But there are many other factors that are less obvious that you should inquire about. Quick tip – before you start the consultation, I would recommend having a written list of questions and inquiries you have so you don’t forget to ask something. The lawyer’s time might be limited and it’s best to make things as efficient as possible for both you and the Criminal Lawyer involved. In addition to your own personal list of questions, I would consider asking the lawyer about the following in order to narrow down your search for the Best Domestic Assault Lawyer for You:

•  Find out which lawyer will be working on your case specifically

You want to ensure that the lawyer with whom you will be working is compatible with you and meets the criteria that you used to hire the law office.   If you’ve retained a law office that includes other lawyers and staff, rather than a sole practitioner Toronto Criminal lawyer, you’ll want to know which lawyer will be assigned to your file.   Also, it is a fair question to ask whether it will be one lawyer or a team of lawyers / paralegals all working on your file, as some individuals prefer the continuity involved with a single person dealing with then.

Find out what, if any, work on the file will be delegated to a non-lawyer, as you may wish to a a single Domestic Assault Lawyer take care of all aspects of your case.

• What experience level the lawyer has

You may want to find out the lawyer’s experience level in domestic violence charges, and it is a fair question to ask – don’t be shy!  To determine experience levels in narrowing down your search for the best domestic assault lawyer in Toronto for you, some of the following factors can be inquired about:

• (a) When was the lawyer Called to the Ontario Bar?
• (b) Does the lawyer practice exclusively in Domestic Violence offences?
• If NO to (b), what percentage of their practice is comprised of Domestic Assault and Violence charges?
• (c) What is the lawyer’s trial experience in Domestic Assault Cases?
• (d) What is the lawyer’s general strategy in defending Domestic Assault charges?

While a lawyer may not be able to give you a step by step plan about how they will defend you at this early stage, you can ask for their general strategies and tactics they employ in Domestic Assault cases.  As far as strategies go, you may want to ask the following types of questions:

• How long do they usually take to complete their cases? 
• What are the general steps they follow in completing their cases? 
• What involvement, if any, do they require of you to assist them with their defence?
• What counselling, if any, do they recommend that you do during the case?
• What steps, if any, other than counselling might help achieve a positive outcome in the case?

It is never a good start to a Domestic Assault Case in Toronto to have a lawyer and client being at odds about a particular aspect of the defence strategy!

• How the lawyer can assist with changing your release conditions around (if any changes are important to you)

Once you are charged with a Domestic Assault, you will be placed on conditions that will almost always restrict contact with your loved one or partner, assuming you are still in a relationship with the other individual. I write more about that topic HERE. Although not an easy process, it is possible that these conditions might be changed. You can ask what the lawyer’s plan would be to assist with making those changes, and how long that might take.

The request for a change of conditions is typically one of the most frequent things a Domestic Assault Lawyer in Toronto will have to take care of, and it is best to ensure that you and your prospective lawyer are on the same page in regards to this issue.

• Look out for red flags

There are certain things that a lawyer should not, or even ethically cannot, do or say when meeting with prospective clients.  If a lawyer says any of the following, be weary of retaining them:

• They guarantee they will “win” the case
• They are the best Toronto Domestic Assault Lawyer – hands down!
• They want a full retainer first before answering any of your general questions
• They tell you they will take care of the case and will not want you to be involved in any aspects of it (and just to leave it all to them)
• They have never lost a Domestic Assault case

If any red flag arose in your interview or consultation, I would cross that lawyer right off the list and move on!

Step 5:  Lawyer Fees in Domestic Assault Cases

The final important aspect of locating the best domestic assault lawyer in Toronto for you is determining which fee structure fits your needs.   Lawyers may bill for their work in different ways, and there is no “standard” fee for a Domestic Assault Charge in Toronto.  You should make inquiries with the lawyer about their fee structure, including:

• Whether they bill hourly or on a “block fee” (or flat fee) basis;
• What their hourly rate is;
• What their block fee rate is;
• Whether there will be any potential “hidden” fees or potential surprises as far as costs go;
• Whether there may be costs other than fees, such as disbursements (a disbursement is an expense a lawyer may incur in a case that is typically paid out by the client) 

You can make inquiries about what the lawyer’s retainer is, and whether you will be able to pay that amount up front.  Moreover, you can ask about whether the lawyer offers interest-free payment plans, which may assist individuals who can pay the ultimate amount agreed on but in a longer time frame.

Conclusion

Andrew Captan – Domestic Violence Lawyer has provided a step by step guide to retaining the best domestic assault lawyer in Toronto for you, and have provided general points from the perspective of a criminal lawyer. Of course, there may be other tools and steps you can follow to locate the best domestic lawyer, but this should be a good starting point for your search. Best of luck!

Andrew Captan, the author, is an experienced Toronto Criminal Defense Lawyer and a Domestic Assault Lawyer himself, having practiced law in this area for over 11 years. For a free initial consultation with him regarding any criminal matter, you can call him at (647) 878-6355, e-mail him at andrew@captanlaw.com or visit his website HERE.