Toronto Domestic Assault Lawyer: Insights into Defending Domestic Assault Cases in Toronto
Introduction
In this comprehensive article, a number of important topics will be touched on – all with direct insight from an experienced Toronto Domestic Assault Lawyer, all with the view to provide access to justice. While it is always better to secure the representation of an experienced Criminal Defence Lawyer, sometimes people opt to represent themselves. Whether you are seeking representation, or are going to represent yourself, this article is a one-stop-“shop” for all your Domestic Assault case informational-needs.
What Is A Domestic Assault?
There is no section of the Criminal Code of Canada that specifically creates a “Domestic Assault” offence. A Domestic Assault is an Assault based that is alleged to have occurred during the course of, or shortly after, a domestic relationship. An Assault can be generally described as any intentional physical contact, or the threat thereof, made to another person to which the other person does not consent.
The most common Assault charge under the Criminal Code of Canada is what’s known as “common Assault” and is found under s. 266.
There are other potential Domestic Assault charges that may be laid:
- Assault with Weapon (s. 267)
- Aggravated Assault (s 268)
- Assault Causing Bodily Harm (s 267)
- Sexual Assault (s. 271)
What Are the First Steps in a Domestic Assault Case?
A Domestic Assault case may evolve in different fashions, but the following would be a common path these cases take in Toronto:
- The investigation, arrest and charge by police
- The bail hearing or the release by police on conditions
- The first appearance in court, when disclosure would be received
- Several “case management” court appearances after the first date to provide the court with an update on progress
- A Crown pre-trial meeting
- A Judicial pre-trial meeting
- A resolution of the case (guilty plea or withdrawal) or trial
- Sentencing (if the accused pleads guilty or loses a trial)
A Toronto Domestic Assault Lawyer can represent you and guide you carefully from the start to the completion of a case.
When Will I Get To Go Back Home?
The million dollar question that every Toronto Domestic Assault Lawyer gets asked during the first consultation. Invariably, once you are released on bail or by the police on an Undertaking (also known as a promise to appear), there will be conditions you must follow.
Some of the typical conditions are as follows:
- Do not contact, or communicate, directly or indirectly with the named complainant
- Do not be within a certain radius of the named complainant
- Do not attend at a specific address (which may be your primary residence)
Domestic Assault cases in Toronto, by their very nature, are disputes that involve people that are close with one another, and often have intertwined lives, which makes these conditions extremely challenging to follow.
If you do not follow the conditions, you risk being charged criminally with a Breach of Bail or Breach of Undertaking.
Going back home requires a variation (or change) to your conditions, which may either be done on consent of the Crown or by application. Typically, these changes occur after a first court date and within the first three months of a case. Every case is different, however. A Toronto Domestic Assault Lawyer will need to come up with a plan or approach on securing a change of these conditions.
How Long Does a Domestic Assault Case Take in Toronto
If you are charged in Toronto, your case will be at 10 Armoury Street, downtown Toronto. This is a very large scale courthouse that has a significant volume of cases flow through it. Domestic cases in this court range in length, but generally speaking a timeline may be as follows:
- 5-7 months if the case is resolved without a trial
- 12-18 months if a trial is required
How Do I Improve my Chances of Securing a Positive Result in My Case?
Locating a Lawyer
To achieve a positive result, often you need to put the right work in. The first step would be locating a Domestic Assault Lawyer in Toronto who you respect, trust and feel would be a good fit for your personal situation.
To find the right lawyer, you should:
- Consult with 2-3 lawyers at least to receive different feedback
- Carefully review the lawyers’ online presence, profiles and reviews
- Interview the lawyer and ask them the right questions to determine if they will be able to help you
Secure Evidence
If you have compiled any evidence, secure it for your lawyer. Evidence could include copies of texts, e-mails, photographs you took, witness statements, and the like.
Be Open to Suggestions from Your Lawyer
Have an open mind in defending your case. You may be asked by your lawyer to engage in steps to improve the chances of a positive outcome, like a withdrawal of charges. These steps could include counselling, volunteer work, and other rehabilitative measures. The more open you are, the better the result will be.
Remain in Contact with Your Lawyer and Follow Their Lead
Always keep in contact with your lawyer. Follow any suggestions they make throughout the case – you’ve hired them for a reason. If you are unclear on the direction a case is going, or what you need to do, then ask. Communication is one of the most underrated parts of a strong defence.
Potential Outcomes in Domestic Assault Cases in Toronto
There are a number of potential outcomes for your domestic assault case. The outcomes will vary and will depend on the severity of your charges, your criminal history, input from the complainant, amongst other factors.
Potential outcomes include:
- Withdrawal of charges / stay of proceedings
- Absolute discharge
- Conditional discharge
- Suspended Sentence and Probation
- Fine
- Conditional Sentence of Imprisonment
- Imprisonment
What if My Partner and I Are Found Communicating
If you and your partner are found communicating during a Domestic Assault case, and there are condition prohibiting you from doing so, then you are at risk of being charged again by police. You would have two separate cases in that scenario, you would likely be held by police for a bail hearing (if you were released by the police on condition in the first place), and you are at a legal risk of jail time just for the failure to comply case. Be smart and abide by your conditions. The proper approach is to attempt to secure a variation of your release, not to violate you release, if you experience hardship from the conditions. A Toronto Domestic Assault Lawyer can help you navigate this
What is a Guilty Plea in a Domestic Assault Case
A Guilty Plea in a Domestic Assault Case in Toronto is an admission of criminal responsibility, whereby:
- You concede to the elements of the offence
- You negate the need for the Crown to prove the charges at a trial
- You admit to a factual basis that supports the charge
- You will be sentenced by a Judge and receive a “punishment” for the domestic assault
How Can I Get My Charges Withdrawn?
If the question about how you can return home is the million dollar question, then this is the two million dollar question!
Getting the Crown to agree to withdraw domestic charges is not a simple task. An intricate plan is required that will involve a collaboration between you and your Domestic Assault Lawyer in Toronto. The more serious your charges, the more intricate and thought out the plan should be.
These plans range from case to case, individual to individual, and lawyer to lawyer. Some plan may consist of the following:
- In depth counselling to address any underlying issues that may have affected your behaviour that led to the charges (alcohol, anger, mental health, etc)
- Supporting letters from members of the community to vouch for your character
- Apology letters
- Volunteer work
- Joint counselling with the complainant (if your conditions permit this)
Andrew Captan – Toronto Domestic Assault Lawyer
Andrew Captan is an experienced Domestic Assault Lawyer in Toronto and has been practicing for over 15 years. He handles all types of domestic cases, including the most serious. He accepts payment plans if justified and offers a free initial consultation. Call (647) 878 – 6355 or e-mail andrew@captanlaw.com for more info.
