Locating the Right Domestic Assault Lawyers
Charged with domestic assault in Toronto? Learn why hiring experienced Toronto domestic assault lawyers is crucial for protecting your rights and future.
Needless to say, when you have been charged, you must respond to that charge in criminal court. Navigating the criminal court process can be daunting for those without experience in it.
This article can assist with that process, and provide you some insight into these cases that you may not know about. A number of frequently asked questions are answered, along with a host of other helpful tips provided.
What Are the Sentences for Domestic Assault Cases in Toronto
In legal terms, “domestic assault” refers to any form of assault that occurs between individuals in a domestic or interpersonal relationship. Being convicted of a Domestic Assault can lead to significant consequences for you.
The penalties can vary on case to case basis, but can include:
- Probation
- Fines
- No-contact orders or restraining orders
- House arrests or curfews (by way of a Conditional Sentence of Imprisonment)
- Imprisonment
Can My Partner Withdraw My Case
One of the first questions most Toronto Domestic Assault Lawyers are asked at an initial consultation is whether the victim or complainant in the matter can “withdraw” the case. The short answer is no.
The police are typically the body that actually lays the charges, not the victim or complainant themselves. But, besides that, all charges that are laid must be reviewed by the Crown Attorney’s Office (aka the prosecutor). Only the prosecutor can decide whether to withdraw Domestic Assault charges.
How Quickly Can I Reunite With My Partner
Another common questions Toronto Domestic Assault Lawyers are asked at an initial meeting is how quickly the accused person may be able to reunite with a loved one or spouse. Invariably, when an accused person is charged with Domestic Assault, they will be placed on conditions to have no contact with the complainant.
To attempt to have those conditions changed, there are two methods an accused can employ:
- Seek the consent of the Crown of a variation of the conditions
- Apply to the Court for a change in the conditions
Both methods can take time. Often, conditions are in place for at least 2-3 months following a court appearance before either of the two options above can be appropriately exercised.
What Happens If I Contact My Partner In Contravention to My Conditions
If you contact the person with whom you are not supposed to have contact based on your conditions, and the police find out about this, you will be charged with a “breach” of your release order, which is a serious offence that can lead to jail time itself. It would be treated as a separate case, meaning you would have two cases to deal with in court, and not just one. You should always consult with Toronto Domestic Assault Lawyers if there is any confusion on what you can and cannot do based on your conditions.
Why You Need a Toronto Domestic Assault Lawyer
The legal landscape around domestic assault is nuanced. Knowledgeable Toronto Domestic Assault Lawyers can:
- Challenge the Evidence and Present Your Story
- Negotiate With the Crown Attorney
- Protect Your Procedural and Substantive Rights
- Help You Navigate Bail Conditions
- Appear In Court For You
Contact a Lawyer Today
Andrew Captan is an experienced Toronto Domestic Assault Lawyer and has been practicing criminal defence law for over 13 years. A significant portion of his practice is dedicated to defending individuals charged with Domestic Violence related crimes.
To schedule a confidential consultation with Andrew, call (647) 878 – 6355 or e-mail him at andrew@captanlaw.com