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Domestic Assault (also Known As Domestic Violence)

Recent Assault and Domestic Assault Cases

Please note that this article is for general information only and is not intended to be relied upon as legal advice. Please speak to a Kitchener domestic assault lawyer for your particular situation. Are you facing criminal charge of assault or domestic assault in Kitchener?

It is likely that you may feel like your life has turned uʍop ǝpᴉsdn (upside down) out of the blue and that a bad situation has now gotten worse and you fear the criminal court process ahead for your domestic assault case in Kitchener or another location in Ontario. The reality is that dealing with charges in criminal courts in Canada can be a traumatic and stressful experience. It is highly suggested that you work with experts in the field and a domestic assault lawyer in Kitchener that can guide you at every step of the way. This will ensure that you avoid legal pitfalls which can work against you and also in order to negotiate a reasonable outcome for your matter.

www.vrslaw.ca

VRS Law provides services to those facing a criminal charge of assault, in particular, domestic assault. You may schedule a free consultation with a Kitchener domestic assault lawyer by reaching us at 519 224 3082 or
info@vrslaw.ca


Our office serves individuals charged throughout Ontario and particularly in Kitchener, Cambridge, Guelph, Milton, Waterloo, Toronto, Brampton, Oakville, Mississauga, London, Woodstock, Oshawa, Sarnia.

R v. BS

B was caught in a difficult situation with his family, leading two counts of assaults.

Result: Through careful planning and negotiating, B’s charges were withdrawn allowing him to go back to his life and focus on rebuilding his future.

If you are involved in a domestic incident that has led to criminal charges, it is possible that the charge of an ‘assault’ has been laid by the police. This charge may be characterized to be “domestic” in nature where it arises in the context of personal or domestic relationships between spouses, partners, lovers, those that are dating or others. The charge can arise in a variety of ways which can include pushing, kicking, punching, throwing, spitting at the victim or complainant in the case.

Where the victim of an assault charge is a partner or member of a family, the Criminal Code of Canada identifies this as an aggravating circumstance. Therefore, it is important to take these charges very seriously and defend them aggressively by working with a domestic assault lawyer in Kitchener to give yourself the best opportunity for a suitable outcome.

A domestic assault charge is one that often surprises individuals in a relationship – both the accused and sometimes, even the complainant. It is not uncommon that we receive a call from someone that has been charged and needs advice from a Kitchener domestic assault lawyer. Often, we will hear the comment that one small thing led to another and the police decided to charge me even though my partner or spouse would not have wanted to lay the charge. The reality in this situation is that it is the police that decides whether the threshold and the elements of an assault have been met and this is what forms the basis of the charge. There is often a misconception that the spouse or partner (complainant) can simply take back the charges. This is not true as it becomes a matter of public interest and although the spouse or partner may be the primary witness in the case, the continuation of the case is not simply something in the hands of the partner or the spouse (victim in the case).

The fact is that if you have been charged with a domestic assault in Kitchener, a criminal process has been initiated against you and you will have to find a way to ensure that you have the best defence available to guide you through it. The first step to take in your case is to speak to a Kitchener domestic assault lawyer so that you understand your rights and the process involved. It is well known that a conviction for an assault charge can impact your life in various ways and as a result, the matter is to be handled with care in a manner that is tactical and skillful.
R. v. MC

M was charged with assault in relation to a domestic situation. There were issues in the relationship and troubles which led to M being charged.

Result: : with effective guidance and communication with crown counsel, M now enjoys a withdrawal of charges

SOME CHALLENGES THAT ONE MAY FACE WHEN BEING CHARGED WITH DOMESTIC ASSAULT

Feel free to call our office to speak to a Kitchener domestic assault lawyer in order to find relief for your situation. Here are some examples of difficulties our clients initially face:

  • “Since I cannot communicate with my wife/spouse/partner, how can I make arrangements for payment of rent, groceries or other expenses?”
  • “Our children have certain routines (pickups from school, after school and weekend programs) that I used to take them for but now, due to the non contact in place, I can no longer communicate with respect to my children.”
  • “I am going through a separation or a divorce and as a result of the domestic assault charges, my conditions do not allow me to communicate with respect to child custody or access and it is increasingly challenging”
  • “My spouse/ child has mental health challenges and cannot survive without my involvement.”

Limitation on visiting your children:

Perhaps one of the most heartbreaking consequences of a domestic assault charge in Kitchener and beyond may be the not being able to interact with your family, especially children that are minors. This is difficult on an emotional level since young children cannot understand the intricacies of the law and may not appreciate the limitations placed on the accused person. Not only that, it can also cause other stresses as one parent may solely have to take care and provide for the children.

No communication with your spouse or partner:

This is a common condition imposed in a domestic assault situation. It can be stated that generally, those that are charged with a domestic assault (sometimes also referred to as domestic violence charge) do understand that they have to follow this condition, this condition or restriction can be highly burdensome for the family as a unit. For example, since a charge of domestic assault usually leads to an abrupt cut-off in communication with no contact conditions in place, it becomes very challenging to continue your life as it was prior to the incident.

No communication with respect to financial affairs:

A further result of not being able to communicate with your spouse or partner is the challenges it brings in terms of how to handle the finances. The incident brings with it rapid changes such as the accused and victim having to live separately without any direct or indirect communication. While the accused may be granted the approval to gather his or her belongings from the home on a one-time basis, this is hardly a complete and thorough assessment of what the parties’ needs may be in the months to come while the criminal charges are pending. For example, the parties may have bank accounts (separate or joint) and bills that they need to sort out to prevent challenges while they are required to live separate. However, the reality is that these challenges are often not considered and the parties are left to struggle through whatever consequences may arise.

R. v. HS

The Crown alleged that physical assault was committed by H on his domestic partner and sought serious consequences as a result. H was also concerned about detrimental immigration consequences due to his immigration status.


Result: H worked closely with our office and followed all steps. The crown was satisfied with the arguments presented and the matter was resolved leading to a withdrawal of the charges

THE SERIOUS APPROACH OF THE LAW

Due to recent changes in the law and practically zero tolerance for domestic violence, police do not possess any discretion when a 911 call is placed by the complainant. Despite the fact that the circumstances may be of a minor nature, the police often will end up laying a charge. In certain circumstances, both spouses may be charged.

PENALTIES AND CONSEQUENCES FOR DOMESTIC ASSAULT IN KITCHENER

A number of consequences may arise if an accused is found to be guilty including, but not limited to:
  • Facing imprisonment (depending on severity of the case);
  • Criminal Record
  • Immigration status being impacted and deportation possibility;
  • Job loss – current and/or future;
  • Fines and Probation orders;
  • the stigma of being ‘guilty’ of an offence;
  • Travel restrictions from various countries including the US;
  • And many others….
BAIL / CONDITION VARIATION

Depending on the concern or challenge, your Kitchener domestic assault lawyer will work with the Crown Attorney’s Office (Prosecutor) in order to lay out the difficulties faced by an accused in order to aim for a variation of the conditions one may be facing. While there is no guarantee or certainty of a quick turn around, here are some methods by which conditions can be changed/ varied:

  • A variation of the condition allowing for communication for financial matters may be presented for approval
  • A variation that allows communication between the spouses for the purposes of child care and access can be presented to the Crown
  • A request to allow an accused to move in back home (with approval from the complainant) to take care of young children or family members with mental health challenges.
  • Other/ special and unusual circumstances may warrant a discussion during the crown-pretrial and a discussion about variation of conditions

If you are seeking a variation of a condition and for your domestic assault charges to be handled, call 519 224 3082 to set up a free consultation with a Kitchener domestic assault lawyer to understand the process and general timeline of your case.

R v. CF

In this case, F was charged with Assault, putting F’s job at risk


Result: by working through the case with the client, we were able to get the charges withdrawn

SOME STEPS YOU SHOULD TAKE WHEN CHARGED WITH ASSAULT OR DOMESTIC ASSAULT IN KITCHENER (ALSO KNOWN AS COMMON ASSAULT)

Fingerprints:

Unless completed during your visit to the police station, you will be required to go for fingerprinting on a certain date. This date is not to be missed as missing it could lead to further complications and charges.

Compliance with conditions:

Your conditions will be listed in your notice to appear. You are advised to review each and every condition and follow it. It is important to note that in a domestic assault case, a common condition is to not communicate, directly or indirectly with the complainant (victim). It is very important note that the law requires strict compliance with the conditions and one must understand that communication that indirect sometimes can lead to a further charge. As a result, a Kitchener domestic assault lawyer may also advise you to be very careful and not to violate any of any of the conditions because by doing so you can end up with a further charge known as Failure to Comply due to a breach of conditions.

Free consultation with a Lawyer:

If you have been charged with a criminal offence, such as a domestic assault, it is important that you seek out legal advice from a Kitchener domestic assault lawyer. Our office offers free initial consultation to understand what is involved and works with you to develop a strategy for your case based on your personal situation. We also give you a breakdown of the fees that are involved and if required, offer a payment plan to suit your needs. Your history, your approach during the case and the steps you take based on the lawyer’s suggestions play a pivotal part in the outcome of your case.

Be Patient:

Once you have been charged, it may feel like time moves slower than ever. However, it is critical that you are patient as the criminal law system moves slow. Generally, you should understand that it may take several months before you have an understanding of which direction your case takes.
R v. RM

RM was charged with domestic assault in a situation where separation from his family was not a good idea.


Result: not only were the charges withdrawn, we worked out a variation for RM’s conditions to allow him to go home and take care of his family and children while the charges continued to be worked on. Eventually, a successful result led to withdrawal of the charges leaving RM very appreciative overall.

The reality is that while they are not an entirely separate category in the Criminal Code, charges that are committed against a partner or in a domestic setting do attract a district and harsh treatment by the Crown Attorney. It is perhaps due to the rapid rise in such cases, to the extent hat it can be considered an epidemic, that there is low tolerance from the authorities which leads to domestic violence charges being laid regularly.

Working with a Kitchener domestic assault lawyer that puts his or her clients first and provides practical, unfiltered and upfront advice is the best way to proceed. Our experience and success record in dealing with domestic assault charges provides our clients with the best opportunity for a strong defence.

We offer upfront fees and payment plans so that you can avoid wasting thousands of dollars in legal fees for a matter that needs to be resolved to possibly preserve the family dynamics get your life back on track.

ABOUT OUR OFFICE

CALL 519 224 3082
OR email: info@vrslaw.ca

Our office provides services throughout the Greater Toronto Area related to all forms of Assault including domestic assault.

We serve IN BRAMPTON, KITCHENER, WATERLOO, CAMBRIDGE, GUELPH, TORONTO, MISSISSAUGA, OAKVILLE, MILTON AND THROUGHOUT ONTARIO

Please note that this article is for general information only and is not intended to be relied upon as legal advice. Please speak to a Kitchener domestic assault lawyer for your particular situation.