Spousal Abuse Lawyer Toronto: FAQs Answered
Facing a spousal abuse charge in Toronto (also known as common assault or domestic assault)? In this article, we provide a list of FAQs on this topic, to help guide you following your arrest by police.
Contact an experienced Spousal Abuse Lawyer in Toronto for a free consultation, to gain more insight beyond the general information provided here.
What is the law for domestic abuse in Ontario?
There is no crime in Canada known as “spousal abuse”, per se. All domestic related violence would fit within one of the falling Criminal Code offences:
- Assault (common assault)
- Assault with a weapon
- Assault causing bodily harm
- Aggravated assault
- Sexual assault
- Forcible confinement
Most spousal abuse cases are underpinned by the offence of “assault”, but you may abuse a partner without physically touching them — such as confining them to a space, leading to a forcible confinement charge.
All domestic and spousal abuse cases are serious. You should consult an experienced Spousal Abuse Lawyer in Toronto to learn about your rights and options.
Is Emotional Abuse Punishable by Canadian Criminal Law?
Emotional abuse, unfortunately, is all to common in relationships – that is without a doubt. One question is whether emotional abuse can be punished by virtue of Canadian criminal law.
There is no offence of “emotional abuse” in any direct way. However, spousal abuse, in the form of emotional abuse, may lead to criminal offences in some circumstances. For example, if that abuse involves a threat of death or bodily harm, a person risks liability for an Utter Threats charge.
Criminal harassment charges may also follow from emotional abuse, if it is repetive, unwanted and causes the victim to fear for their safety.
Will I go to Jail for First Time Assault in Canada?
You are legally at risk of jail for essentially any criminal offence you commit, based on the punishment scheme in the Criminal Code of Canada. However, it isn’t “likely” that you will face jail for a first offence for a spousal abuse or spousal assault charge. Jail becomes more of a risk for first offenders if:
- You caused injury to your spouse
- Your spouse alleged a pattern of abuse and it was not a “one off”
- There were children at risk of harm based on their location at the time of an offence (for example, if the assault took place in a car that was moving in which there were children)
Have a Spousal Abuse Lawyer in Toronto review your version of events, along with your disclosure, to determine what legal defences you may have available to you.
What are Potential Defences to Spousal Abuse Charges in Toronto, Canada?
Defences to spousal abuse charges vary. Typically, they will fall within to one of these categories:
- The “I didn’t do it” defence (basically a complete denial, suggesting the complainant is lying)
- Self defence (a full defence to a domestic assault charge)
- Accident or lack of intent
Is Spousal Abuse a Summary Conviction or Indictable Offence in Canada?
The short answer is that it spousal assault charges can be either — summary conviction or indictable offences. They are “Crown elect” offences, known as “hybrid” offences. When you get your disclosure, on your “charge screening form”, the Crown will usually check off the box next to the way in which they intend to treat your case – ie, by summary conviction or indictment.
How to Locate a Spousal Abuse Lawyer in Toronto
For a step by step guide regarding how to best go about searching for a Spousal Assault Lawyer, feel free to peruse the blogpost HERE which delves into the topic.
Andrew Captan – Spousal Abuse Lawyer Toronto
Andrew Captan is an experienced Spousal Abuse Lawyer in Toronto and has been practicing for over a decade and a half in Domestic Violence related cases.
For a free consultation with Mr. Captan, call (647) 878 – 6355, e-mail andrew@captanlaw.com or visit his website HERE.
