Domestic Assault Lawyer Toronto

Domestic assault is a category of assault offences that occur between persons who are currently, or were formerly, in a domestic relationship, such as spouses or common-law partners. Domestic assault allegations are taken very seriously by the police, Courts, and Crown Attorneys, and they carry drastic consequences from the moment you’re charged to trial. This is why it’s vital to retain an experienced domestic assault lawyer.

Defending Domestic Violence Charges

If you are charged with domestic assault, having an experienced lawyer by your side is indispensable. This is because domestic assault charges are affiliated with severe penalties, including jail time, fines, and probation. Domestic assault charges are quite complex and are prosecuted differently than other assault charges.

When charged with domestic assault, you’ll be held for a bail hearing. If your bail is granted, the conditions will be strict, including an order not to have any direct or indirect contact with the victim and to stay away from your family home.

As your domestic assault lawyers in Toronto, we utilize innovative and effective defence strategies and negotiate for alternative methods to eliminate or alleviate the consequences associated with domestic assault allegations. The way we proceed with your case depends on the available evidence, your goals, your criminal record, and whether there are any other charges against you.

Call us at (647) 931-9335 to schedule a free assessment of your case.

Why Choose Us

If you are charged with domestic assault, the lawyer you enlist plays a significant role in determining your case’s outcome. Choosing Zamani Law means working with a team of dedicated and skilled lawyers and other legal professionals who strive to deliver the most favourable results in your case.

As domestic assault lawyers, we have successfully handled hundreds of cases, gaining the necessary expertise and experience to navigate any type and level of domestic assault allegations. Therefore, if you’re charged with domestic assault or related charges, we can represent and guide you through the bail hearings, negotiations, and trials, fighting to get the best possible results.

At Zamani Law, we are committed to protecting your rights, liberties, and character. Your needs and interests always come first. With us as your domestic assault lawyers, you’ll have a skilled law firm capable of defending you through strong and effective strategies.

Assault Types

Domestic Aggravated Assault

Aggravated assault, otherwise known as assault level III, is the most serious form of assault. It occurs when a person maims, wounds, disfigures or endangers the life of the victim. In domestic aggravated assault, the spouse or partner causes significant, life-threatening injuries, such as deep cuts, fractured bones, burns, and severe head injuries, to the complainant. This charge is only prosecuted through indictment and carries a jail sentence of up to 14 years.

If you’re facing a domestic aggravated assault charge, do not hesitate to contact an experienced criminal defence attorney to protect you.

Domestic Assault with A Weapon

This entails the use, attempt, or threats to use a weapon to injure, intimidate, or threaten the complainant. The Criminal Code of Canada leaves the matter of “what constitutes a weapon” open to discussion, which sometimes leads to absurd charges. This category of domestic assault cases can be prosecuted by indictment, which carries a maximum of 10 years in jail, or by summary conviction, which carries up to 18 months in prison.

Domestic assault with a weapon is a serious allegation, with other severe consequences apart from incarceration. Contact Zamani Law for a free consultation on your case.

Domestic Assault Causing Bodily Harm

This type of domestic assault, otherwise referred to as Assault Level II, results in more than trifling or minor injuries. A domestic assault causing bodily harm charge poses drastic penalties upon conviction, including incarceration, fines, and probation. It is prosecutable through indictment, which carries up to 10 years in jail, or by summary conviction, which carries up to 18 months in prison. Therefore, do not hesitate to contact a skilled lawyer to help you mitigate the charges against you.

FAQ

What if the complainant wants to withdraw the charges?

In domestic assault cases, the complainant has no control over whether to press or withdraw charges. Once a domestic assault complaint is issued, the police will arrive at the scene and conduct thorough investigations by interviewing the victim, accused, and witnesses. If by the end of their investigations they believe beyond reasonable grounds that domestic assault has occurred, they’ll arrest and charge the accused. The Crown Attorneys will then prosecute the accused, even if the complainant wants to withdraw the charges. Only the Crown holds the power to drop the charges.

What makes domestic assault charges very serious?

Domestic violence has become very prevalent in our society, and if the justice system does not handle a complaint swiftly, it could escalate into a major offence. Domestic violence or abuse not only negatively impacts the victims but also the rest of the family, including children. These are some of the reasons why the police, Crown Attorneys, and Courts take domestic assault allegations very seriously and impose harsh penalties upon the finding of guilt.

What can be defined as a domestic relationship?

A relationship between two people can be regarded as a domestic relationship if they are or were intimately involved with each other. Examples of persons in domestic relationships include spouses, common-law partners, and boyfriend/girlfriend.

What should you do if you’re not allowed to return home or have contact with your children?

If you’re not allowed to return home or have any contact with your children, our lawyers can negotiate for a change in bail conditions, otherwise known as a bail variation. In most cases, for the Crown Attorney to consent to such a bail variation, you must join an Early Intervention Program. This is a series of counselling sessions on relationships, domestic violence, and anger management. Also, the complainant must provide written revocable consent to allow contact.

What is a peace bond, and why are they offered in domestic assault cases?

A peace bond is one of the ways of settling domestic assault charges. This ensures the withdrawal of allegations while protecting the complainant in a criminal case. Peace bonds are not an admission of guilt but rather a way to settle assault allegations in a manner that is beneficial to the justice system and the parties involved.

A peace bond has conditions that the accused has to uphold upon signing the agreement. These include not having any weapons during the peace bond duration and limiting contact with the complainant.