What is a domestic assault?
A domestic assault is as an assault that takes place between two people who are either currently or formerly dating or in a common law or married relationship. Where an assault takes place between two people who share one of these relationships mentioned above, the matter is labeled “domestic” and prosecuted quite differently by counsel than other types of assault charges.
According to the “Policy Manual”, a document provided by the Attorney General, detailing how the prosecutors are to perform their duties, Domestic Assault lawyer Brampton are instructed to “prosecute domestic violence offences as vigorously as other serious criminal matters”.
Domestic assault charges most commonly arise from disputes between family members as well as those in intimate relationships. The police will attend the residence, and in most cases somebody will be arrested. In many cases the party facing domestic assault charges will be held in custody for a bail hearing the next day. The arrested party will also be prohibited from communicating with the complainant and, among other conditions, not allowed to attend the family residence. Domestic assault cases are often very serious situations with extremely difficult consequences. Domestic assault lawyer with extensive experience defending these types of cases.
Police officers and Attorneys pursue domestic assault charges with a particular level of severity given the unique family issues that are usually at play in these situations. These cases are usually heard in designated domestic assault courtrooms where you will find specialized Domestic Assault lawyer Brampton with the dedicated resources to prosecute domestic crimes. If you are facing criminal charges contact domestic assault lawyer for dependable advice and a strong defense of all domestic allegations:
** Assault with a Weapon
** Assault Causing Bodily Harm
** Aggravated Assault
** Uttering Threats
** Forcible Entry
** Criminal Harassment
** Failure to Attend Court
** Failure to Comply with Recognizance, Undertaking or Promise to Appear
A domestic assault charge can turn your life upside down. It is imperative that you retain a criminal defense lawyer to protect your constitutional rights and ensure the best possible result. Whether it’s a bail hearing, trial or early resolution, domestic assault lawyer will work with you closely to achieve the results you desire. If you or a friend is looking for a domestic assault lawyer with extensive experience defending criminal charges, call now for a free initial consultation.
How to Defend Domestic Assault Charges
Being charged with any type of assault allegation is a traumatic and painful experience. Those charged with domestic assault of the Criminal Code will face additional challenges because bail restrictions imposed on accused persons for this type of offence often prevents contact with their loved ones while their cases slowly negotiate through the maze of the criminal justice system. Those found guilty of domestic related assaults also potentially face stiffer sentences.
In most domestic assault cases, the police and prosecutors will apply a rigorous zero tolerance policy, regardless of whether or not the complainant wishes to see the charges prosecuted in court. One of the best ways to ensure that you do not end up as a casualty of these zero tolerance policies is to hire a criminal lawyer woodbridge familiar with defending domestic assault cases.
At the court stage, Domestic Assault lawyer near me will usually move forward with a prosecution in cases where there is a “reasonable prospect of conviction”. It is of little importance to the prosecutor that the person making the complaint does not wish the matter to proceed to trial.
Domestic assault allegations are sometimes settled by way of the accused person entering into a peace bond agreement with the understanding that the criminal charges will be withdrawn upon signing the peace bond.
Agreeing to a peace bond is not a finding of guilt. However, much like bail conditions, the person who agrees to a peace bond will be required to abide by the terms and conditions of the bond until the bond expires.
Domestic Assault lawyer near me advises and represents people facing criminal charges for domestic violence often described as spousal abuse, spousal battery or domestic dispute, such charges do not always reflect a case between married people, but include those living in the same location (cohabitation), or sometimes just engaged in a domestic (dating) relationship. Such cases can also lead to violation of a restraining order or protective orders.
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