Domestic Assault (Domestic Violence)
It is not uncommon in domestic disputes that criminal charges are laid against one or more of the parties involved. Many times, after emotions have cooled, the complainant will wish to have the charges withdrawn. Unfortunately, after police have laid charges, the decision to proceed is not controlled by the alleged victim and in most instances, the Crown will not drop the charge(s). Therefore, knowledge of the law, strategy and tactics are extremely important with respect to these charges.
Bail variations to allow for communication or to return to the home are opposed by the Crown in almost all instances. However, we have been able to convince the Crown in numerous cases to vary the bail to allow for exceptions to the general rule of no contact or communication.
SOME OF THE MORE COMMON CHARGES ARE:
- Assault Cause Bodily Harm
- Assault with a weapon
- Criminal Harassment
- Breach of Recognizance
- Forcible Confinement
- mischief over 5000
- mischief under 5000
Daley, Byers will make a difference by providing expertise, guidance, and will ensure that all your rights are upheld as your case navigates the court process. We are committed to providing the best defence possible, and as fast as possible. Often times we explore a negotiated resolution for the benefit of our clients to avoid the trial process. Ultimately, it is our goal to avoid a criminal record and in the appropriate cases get the parties back together. When reconciliation is not possible we will refer clients to highly reputable family law lawyers to assist with that process.
We are experienced and well-respected criminal lawyers with decades of experience in the Ontario Courts fighting to preserve and enforce the rights of our clients.
MOST ASKED QUESTIONS IN ASSAULT RELATED MATTERS
The following is a sample of common questions that arise in assault cases. Although some answers are generic and can apply to most cases, it is usually necessary to review the factual basis of the allegations before a proper and informed response can be provided. At Daley, Byers we provide a free consultation to assist with these and other questions you may have.
The answer to this question depends upon an array of factors. Is there a criminal record, what are the allegations, what is the alleged history of violence between partners, is there a surety available, can the accused live with the surety if necessary and so on. At Daley, Byers we can provide emergency bail representationincluding weekend court appearances. Click here for more information on Bail Hearings.
The simple answer is “no”. Once a charge is laid only the Crown attorney has the authority to withdraw a charge. In domestic related matters the Crown will not exercise its discretion to withdraw a charge in most cases. However, the Crown will listen to the views of the victim when deciding on the proper course of action to take. You must understand that there are innumerable instances when a spouse contacts police and charges are laid and the following day wishes to have the charge withdrawn. This occurrence is commonplace.
Most bail orders have provisions restricting communication and residence. If the bail stipulates that there is to be no contact directly or indirectly then there can be absolutely no communication at all. Text, e-mail, Facebook, telephone and even sending a message through a friend are all forbidden. Breach of any provision in your bail, if reported, will land you back in jail for another bail hearing.
To change a bail order there are 2 procedures:
- a bail variation with the consent of the Crown
- an application to the Court to vary the bail (without Crown’s consent). This involves a hearing before a judge
Often times the victim wishes to make amends and attempts to contact the accused. The accused cannot have any communication (if restricted by bail) regardless of who initiates the conversation.
This question can only be answered after a review of the facts and history? Obviously, the more serious the allegations, the greater is the penalty. In some minor cases, the Crown may agree to a peace-bond. This is not a common result but is by far the most preferred other than a withdrawal or dismissal of the charge.
Again, every case is different and the cost is dependent upon what is to be done on your behalf, the complexity of the case and the time involved. At Daley, Byers as part of our initial free consultation we will provide an accurate estimate which will range depending upon whether the matter resolves without a trial or proceeds to trial.
Assault cases of all types require careful trial preparation and attention. Witnesses must be interviewed, in some cases historical events must be revisited, in other cases medical evidence may be relevant. In all cases, it is imperative that the accused person remain informed as to what is happening in the judicial process. Excellent client/lawyer communication is crucial to a successful defense.
Due to solicitor/client privilege and privacy interests which we are careful to honour and protect, the information provided below cannot provide names, dates or locations.
Domestic Violence (Assault)
R. v. M.K. – charges – assault x 2, threatening, unlawful confinement
Result: charges withdrawn – client entered a peace-bond and did not admit any of the allegations.
R. v. S.M. – charges – assault cause bodily harm
Result: charges withdrawn
R. v. C.K. – charges – mischief under 5000 and threatening
Result: charges withdrawn and client entered a section 810 peacebond and did not admit liability – client paid restitution for damages
R. v. R.S. – charge – simple assault
Result – charge dismissed after trial – client aquitted
R. v. D.S. – charge – assault
Result – bail variation completed immediately so that our client could have contact and communication with spouse (complainant).
– Client completed PAR program
– Charge withdrawn
– Client entered a common law peace bond