Domestic Violence Lawyer Toronto: FAQs
Facing a Domestic Violence allegation in Ontario will typically cause stress, anxiety and confusion about next steps. As a Domestic Violence Lawyer in Toronto, a number of common questions are asked by individuals charged with domestic violence. This article answers these questions.
For a free consultation with a Domestic Violence Lawyer in Toronto, call (647) 878 – 6355 today. We have been practicing in Domestic Violence cases throughout Southern Ontario for over 13 years and have a wealth of experience in the area.
What is considered domestic violence in Canada?
Domestic violence refers to abuse or threats that occur in a domestic relationship, such as with a spouse, partner, child, or family member.
What happens after an arrest?
After an arrest for domestic violence, the police are required to lay charges if they have reasonable and probable grounds to do so, regardless of the victim’s wishes. This is part of the mandatory arrest and charge policies adopted across Canada to ensure that domestic violence cases are taken seriously and prosecuted accordingly. At the point of arrest, you will be given the right to speak to a Domestic Violence Lawyer in Toronto, pursuant to s. 10(b) of the Charter of Rights and Freedoms.
Can the victim drop the charges?
No, the victim cannot drop the charges. Once charges are laid, it is up to the Crown prosecutor to decide whether to proceed with the case. This policy is in place to prevent accused individuals from coercing victims into withdrawing charges.
What are the potential consequences if convicted?
The consequences of a domestic violence conviction can vary depending on the severity of the offence. Sentences can range from absolute discharge to custodial time in a provincial jail or penitentiary. More severe charges, such as those involving sexual violence or aggravated assault, may result in longer custodial sentences. In addition to direct consequences of a conviction, there may be collateral or indirect consequences, such as:
- Travel restrictions
- Loss of employment
- Loss of immigration status in Canada
- Negative impacts in other related court proceedings, particularly family law
What is dual charging?
Dual charging occurs when both partners in a domestic dispute are charged by the police. This can happen if the police believe that both parties have committed offences during the incident. Dual charging is a controversial practice and can create additional complications for both parties involved
What should I do if I am charged?
If you are charged with domestic violence, it is crucial to seek legal advice immediately. A lawyer can help you understand your rights, the legal process, and the best course of action for your specific situation. They can also assist in navigating any potential defences and mitigating the impact of the charges on your life.
Understanding these aspects can help you better navigate the legal process and prepare for what lies ahead if you are facing domestic violence charges in Canada.
Should I plead guilty to domestic assault charges?
Not without legal advice. A guilty plea has serious consequences. Always consult a criminal lawyer before making any decision. In addition to that, even if you may be technically guilty of a crime, an experienced Domestic Violence Lawyer in Toronto may still convince the Crown to withdraw your case; therefore, pleading guilty may be a legal mistake in certain situations.
What is a Peace Bond?
A peace bond is a binding order, which includes conditions that you must follow, which may lead to the Crown to withdraw substantive Domestic violence charges against you. It does not involve admitting any criminal responsibility if you were to enter into a peace bond, bond always consult with a Domestic Violence Lawyer as to whether there still may be consequences for you to enter into a peace bond.
Domestic Violence Lawyer Toronto – Andrew Captan
Call us today for a free consultation if you’re facing a Domestic Violence allegation in Toronto or anywhere in Southern Ontario at (647) 878 – 6355.
