Andrew Captan is a Toronto Criminal Lawyer with extensive experience in, and a large part of his practice dedicated to, defending persons charged with Domestic Assaults.
A Domestic Assault is an Assault based offence that is alleged to have occurred during the course of, or shortly after, a domestic relationship. An Assault can be generally described as any intention physical contact, or the threat thereof, to which another person does not consent.
Domestic violence cases are treated differently than violence that takes place outside the domestic context by both the Crown Attorney and Courts (Judges). For example, under s. 718.2(a)(ii) of the Criminal Code of Canada, there is explicit mention that an offence which involves abuse of one’s spouse is an aggravating factor.
The difficulty with facing a Domestic Assault charge is that, almost always, the accused person will be released on conditions which directly and indirectly prohibit contact or communication with the complainant or the alleged victim of the offence. This is so even if the accused and the complainant are married, have children, share financial obligations, etc. The lives of each party in a Domestic Assault case can be impacted significantly and adversely in light of the nature of the accused’s release conditions.
If you are a loved one is facing a Domestic Assault, contact an experienced Domestic Assault / Domestic Violence lawyer for a FREE consultation, and learn about how these cases are typically defended, as well as how the release conditions can be varied (or changed).