Throughout Ontario, domestic violence is among the most common allegations that come before the Courts. Although domestic violence allegations are often quite straightforward, having a lawyer experienced in domestic violence, domestic assault, and uttering threats makes difference in how charges are ultimately handled by the Crown’s office.
If you are a victim of domestic assault or domestic violence, there are many governmental resources you can turn to. In addition, our law firm offer services to victims of domestic violence to help guide them through the process.
Although based in Toronto, the lawyers at Robichaud’s travel throughout. As you will see below, we not only have considerable experience, but proven experience with very favourable results for our client’s. Domestic violence allegations often have a profound effect on an accused. They can affect family court proceedings, result in strict bail conditions, and affect child custody issues. In addition to reading below, speak to one of our lawyers today to understand how we can help put your life back together.
Our Lawyers’ Approach Towards Domestic Violence Cases:
Crown policies mandate a serious and aggressive approach to spousal abuse, or “domestic assault” charges. A domestic relationship can mean conflicts between people in a girlfriend and boyfriend relationship, a wife or husband, common-law partners, same-sex partnership, children, parents, and even relatives. What qualifies as domestic violence or domestic assault is a matter of discretion left with the Crown’s office.
Once the Crown considers the case “domestic” in nature, there is a heightened concern in their approach. This can mean a greater difficulty in obtaining bail, an inability to return home, and many other conditions of release that are often reserved for the most serious of offenders. The philosophy behind this approach is a concern that people abused by their domestic partner will return and inflict greater violence upon them. Although an obvious concern in some rarer cases, the Crown will consider all domestic violence as possible worse-case scenario where further violence is inevitable. You will need legal representation to deal with these difficulties effectively and you should call a lawyer immediately.
It is not up to the victim to withdraw the charges in domestic assault or domestic violence charges
Another 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”.
Considerations on why you should retain an experienced lawyer:
Another reason to retain experienced counsel in this area is to understand the various options that the Crown itself may put to you. More specifically, you may be eligible for a domestic assault program called “PARS” or “Early Intervention”. However, the terms and consequences of the nature, consequences, and long-term benefits and pitfalls of these programs are often misunderstood by accused people.
Before accepting any Crown’s offer to enrol in such programs, you should speak to a lawyer to appreciate the effects of any guilty plea. PARS programs may be right for some, but not for others. It’s necessary to have an experienced criminal lawyer explain to you the consequences before accepting any sort of “deal” from the prosecution who have no obligation to take your interests into account.