Domestic Assault (Domestic Violence)
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.
We have successfully defended numerous clients charged with domestic assault and avoided a criminal record. There are two ways that this can be accomplished.
- Through negotiations with the Crown;
- Successful defence at trial.
Obviously, the preferable process is through negotiations with the Crown as this is faster, cheaper and an ultimate guaranteed result. This is always our first approach to any domestic violence, domestic assault file. Successful negotiations require the proper preparation – there are many factors to consider. Should negotiations stall we can always change course and proceed to trial. Note – discussions can continue with the Crown even though the trial date has been set.
Firstly, the complainant cannot withdraw the charges, only the Crown attorney has the power to drop the charges. The police do not have the power as well.
However, we have persuaded the crown to withdraw charges in numerous cases where the complainant has expressed the position that he/she would like the charges to be withdrawn. The complainant can write a letter to the Crown attorney expressing their wishes. The Crown will consider what he/she has to say. It is not determinative, but it is of value. Sometimes it is helpful if the complainant seeks independent advice to assist with this process.
Firstly, we must do what we can to discredit the version of facts presented by the complainant. However, discrediting the complainant is not essential. Many of these cases come down to a “she said”/”he said” contest. The law in these cases states that it is extremely difficult for the Crown to establish proof beyond reasonable doubt and the accused is most often found not guilty.
The fastest turn-around that we have been able to accomplish was 7 days. The no contact provisions usually contained in the release papers must be amended so that you can communicate or have contact with the complainant. To move your case quickly, it is necessary to expedite the file from the Police to the Crown. In the normal course, it can take weeks for the Police to forward the file.
Communication with the complainant is often needed for any number of reasons. We have, in many cases negotiated a variance to the release papers so as to permit communication between the parties. In addition, as your lawyer, we are allowed to communicate with the complainant provided we are not delivering a message from you. We often do this just to determine the complainant’s perspective moving forward.
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.
Legal fees depend upon many factors including:
- Complexity of the file
- Time put into the file
- Whether a trial was conducted
- Result achieved
However, we will provide you with a range of legal fees in advance so that there are no surprises. In addition, we will also accommodate reasonable payment plans (especially in this Covid-19 environment). Everyone could use the guidance and assistance of a lawyer and it is not fair that due to the Covid -19 situation they cannot afford one. We will try to work within your financial capabilities.
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
It is our mission to provide you with the best criminal defence we can offer and to obtain the best possible result.
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