Experienced lawyers for domestic assault charges in Toronto, Peel, and York Region

If you’re facing domestic assault charges in Ontario, it’s crucial to have an experienced domestic assault lawyer on your side. The lawyers and team at Robichaud’s understand the serious nature of domestic assault charges and the impact they can have on your personal and professional life. Our extensive experience and familiarity with these topics will maximize your chances in having your charges withdrawn or receiving the best legal result possible.

Understanding what qualifies as a “domestic” charge can be complicated. Unlike other criminal charges, there is no specific charge for “domestic assault” or “domestic violence” in Canada’s Criminal Code. Instead, crimes of a “domestic nature” are considered a serious factor during sentencing.

A “domestic” charge can refer to a wide range of relationships, including spouses, parents and children, siblings, sexual partners, and other domestic relationships. Ultimately, it’s up to the Court to decide whether a crime is “domestic” for sentencing purposes.

In Ontario, many courts have “Domestic Violence Courts” that specialize in handling these cases. These courts have highly trained Crown Attorneys and judges who handle these cases differently from other courts. Special “domestic violence” courts exist in the regions of Toronto, York, Peel, and Durham.

Because of the specialized nature of domestic violence cases and the prosecutors involved, it’s essential to hire a lawyer who has experience and expertise in this area of law.

Crown policies require a serious and aggressive approach to spousal abuse or “domestic assault” charges. A “domestic relationship” can refer to conflicts between people in various types of relationships, such as girlfriend/boyfriend, spouse, common-law partners, same-sex partners, children, parents, and other relatives.

The Crown’s office has discretion in determining what qualifies as “domestic” violence for the purpose of prosecution, while the court makes this determination for sentencing if convicted.

When the Crown considers a case “domestic” in nature, they take a heightened approach due to concerns that the victim may be at risk of further violence from their domestic partner. This can result in difficulties obtaining bail, being unable to return home, and other strict conditions of release. Even in cases where the risk of further violence may not be high, the Crown treats all domestic violence cases as worst-case scenarios.

To effectively deal with these difficulties, it is crucial to seek legal representation immediately. Contacting a lawyer is the best way to navigate through these challenges.

A common misconception in domestic charges, is that the “victim” (often called the “complainant”) decides whether to go ahead with the charges. This is false: it is the Crown and police who decide whether the charges will continue or not. The Crown will not withdraw the case simply because it is against the wishes of the “victim”.

If you’re facing domestic violence charges, it’s important to know your options. A good lawyer can help you understand what it means to fight the charges, plead guilty, or accept a peace bond, among other choices.

One option that may be offered to you is the “PARS” or “Early Intervention” program. While it might seem like a good idea at first, there can be practical consequences that you may not fully understand. An experienced lawyer can explain the terms, consequences, and long-term benefits and drawbacks of these programs.

Before accepting any offer from the Crown to enroll in a domestic violence program, it’s crucial to speak with a lawyer who specializes in domestic related charges. The consequences of a guilty plea can vary depending on your situation, and what’s right for one person may not be right for another. The prosecution is not obligated to take your interests into account, so it’s important to have a lawyer who can advocate for you and explain your options.

DISCLAIMER: Every criminal case is unique and has its own challenges. The fact that our lawyers have achieved past acquittals, withdrawals, or other favourable results for clients facing allegations of sexual assault or sexual interference does not guarantee the same outcome for present or future clients. We approach each case based on its unique characteristics and tailor our approach to the individual, rather than the nature of the crime.