Q & A from a Domestic Abuse Lawyer in Toronto
Introduction
Domestic Abuse Lawyers in Toronto often are faced with a series of common questions. In what follows, I will outline what these questions are and provide answers to them.
What is a Domestic Abuse Charge?
While there is no charge of “domestic abuse” under the Criminal Code of Canada, per se, the most common domestic abuse charge that a Toronto Domestic Abuse Lawyer sees would be that of a common or simple assault. An assault is any intentional application of force, directly or indirectly, to another person without the other person’s consent. The assault case becomes “domestic” if it’s committed within the context of a domestic or interpersonal relationship, such as a romantic relationship.
Can you go to jail for Domestic Abuse?
While the short answer is yes, the longer answer is “it depends”. As a starting point, if someone has no prior criminal record, and commits a domestic abuse-related offence that leaves no injuries on the other person, then jail would be an exceedingly rare legal outcome. Jail, in domestic abuse or violence cases, is typically reserved for individuals who are (1) prior offenders or (2) have committed a more serious form of domestic violence offence, such as one that involves injuries to the other person.
What is Written Revocable Consent?
Almost always, when a Domestic Abuse Lawyer is reviewing the release conditions of a client, they will find that the client has been placed on conditions to have no contact with the party against whom the domestic violence offence was allegedly committed. Often, this is an intimate partner, such as a wife, husband, fiance, etc. In some situations, the Court and/or Crown Attorney will agree to conditionally remove that contact restriction, with the proviso that the victim files a “consent” letter (usually with the police) authorizing the accused person to have contact with him/her. The “revocable” aspect of this is that the victim may orally revoke the consent at any time, which would lead to the accused’s conditions reverting back to not being allowed any contact.
What is the Punishment for Domestic Abuse in Ontario?
There is no “set” punishment for domestic abuse charges in Ontario. To understand what the potential range of punishments is for your particular case, you should consult with a Domestic Abuse Lawyer. The punishment range is, at the low end of the spectrum of seriousness, a Discharge, through to the high end of the spectrum, being jail. In between, you will find a variety of other possible punishments or sentences. First time offenders who are sentenced for domestic assaults that do not involve injury to the victim often receive a Discharge (either Conditional or Absolute), which is the lowest level sentence in Canadian criminal law.
What is a Bail Variation in a Domestic Abuse Case?
A bail variation is a change of one’s bail conditions, authorized by a Justice or Justice of the Peace. The change can be to any particular condition on an individual’s recognizance of bail. In domestic violence cases, Toronto Domestic Violence Lawyers will often be asked by their client to attempt to change the condition(s) that restrict contact with a loved one.
How Long do Domestic Abuse Cases Last?
There is no set duration for a domestic assault case in Ontario. Commonly, these cases last between 4-6 months if they do not require a trial, and 12-15 months if trial dates are set.
Can I Beat my Domestic Abuse Case?
It is possible to technically beat (or win) any case one is facing, such as by convincing the Crown Attorney to withdraw the domestic abuse charges, or by securing an acquittal at a trial. The seriousness of the allegations, the strength of the police evidence and the accused’s prior record are three factors that commonly influence whether a case is winnable.
