What Is Domestic Assault?
Domestic assault generally refers to an assault of one person in a romantic relationship by the other person in that relationship. The romantic relationship doesn’t have to be formalized marriage, as the domestic assault classification also includes common law partners and people who are simply dating. Domestic assault can also refer to a conflict between family members such as parents, children, and relatives.
The party who has allegedly committed the assault is called the Accused, and the victim of the alleged assault is called the Complainant. Despite popular belief, the Complainant doesn’t “press” or lay domestic assault charges, the police do. The Complainant has no option to withdraw the charges.
When an assault case is considered to be “domestic”, the Crown approaches the case with a zero-tolerance policy and treats it much more seriously than simple assault. As a result, it can be harder to make bail, and there is no possibility of the charges being withdrawn at the first court appearance. However, that does not mean that there are no avenues to pursue in trying to make bail and/or get the charges dropped. Tailor Law believes that any individual charged with domestic assault is entitled to a nonjudgmental, rigorous defence and a lawyer who actually listens.
What Happens When I’ve Been Charged With Domestic Assault?
Once domestic assault charges have been laid, you will either be released back into the community pending trial, or kept in custody. To get out of custody, you will need to complete a bail hearing and convince the court that you need not be in custody. This would be when Tailor Law criminal defence lawyers would enter the picture.
It is prudent to retain a lawyer as soon as you are charged. Once you have been charges, subtle issues may arise and it’s important to have someone to guide you through the process, even leading up to your first court date. A criminal defence lawyer will make you aware of your rights. He or she will appear in court on your behalf, and fight for your interests.
Our lawyers will explain the bail process and what is needed from you in order to have the best chance of making bail. They will advise potential sureties of their obligations, and collect the information necessary for the bail hearing. If bail is granted, we will ensure that you understand the conditions of your bail, and what could happen if those conditioned were to be violated.
One very common condition of release on bail is that the accused must not return to the family home, or the victim’s place of residence. This can be incredibly disruptive to all aspects of your life, and Tailor Law lawyers will work to minimize or eliminate that disruption by arguing for reasonable bail conditions initially and, if necessary, conducting a bail review or requesting a variation to the bail conditions.
Domestic Assault Charges and Ongoing Family Law Matters
Domestic assault charges and family law disputes often go hand in hand. Because of this, it is important for your criminal defence lawyer to understand how your charges could interact with the resolution of your family law matter. The Tailor Law team has diverse skill sets and experience in both family and criminal law. We will ensure that your interests, as they pertain to both areas of law, are protected to the fullest extent possible.
Tailor Law Offers Free Consultations
Meet with one of Tailor Law’s Mississauga criminal defence lawyers in person or over the phone. This free consultation will allow us to determine how we can best assist you, and to explain the possible outcomes of your situation. Book your consultation anytime online or by calling 905-366-0202.