Domestic Assault Cases
Ensuring Fair and Just Outcomes
Facing assault or domestic violence charges can be overwhelming and life-altering. At Nihang Law, we provide strong, compassionate defence, working to ensure your side of the story is heard and that your rights are fully protected.
Understanding Domestic Assault Charges
In Canada, there is no separate offence for “domestic assault” under the Criminal Code. However, assaults occurring within domestic or intimate relationships are treated with particular seriousness by the courts. Many courthouses in the Greater Toronto Area have specialized courtrooms staffed by prosecutors who deal exclusively with cases involving intimate partners.
For a case to be classified as Domestic Assault in these courts, the Accused and Complainant do not need to be married. The relationship can involve any personal connection between two individuals, including dating, cohabitation, common-law partnerships, or marriage. This applies to both opposite-sex and same-sex couples.
The nature of the relationship between the Accused and the Complainant can influence how the case is prosecuted and the conditions imposed upon release.
Immediate Consequences
Being charged with domestic assault can lead to immediate and significant consequences:
- Arrest and Detention: You may be arrested and held in custody until a bail hearing.
- Restrictive Bail Conditions: Conditions may include no contact with the complainant, no return to the family home, and restrictions on communication with children.
- Impact on Family and Employment: These conditions can affect your ability to see your children, maintain employment, and access your residence.
In this stressful time, a domestic assault lawyer can argue for variations to bail conditions, which can mitigate the life-altering circumstances and, where appropriate, pave the path to reconciliation.
Potential Defences for Domestic Assault
Domestic assault cases can be complex, but there are several potential defences that may apply, depending on the specifics of your situation:
1. Factual Innocence
This defence is based on the assertion that the alleged assault did not take place or that the accused was not involved. Supporting evidence, such as alibi witnesses or video footage, can be crucial in establishing innocence.
2. Self-Defence
The law permits the use of reasonable force to protect oneself or another person from harm. To successfully argue self-defence, it must be shown that:
- You believed you were in imminent danger.
- The force used was reasonable and necessary in the circumstances.
- There was no reasonable opportunity to escape or avoid the confrontation.
3. Consent
In some cases, the defence of consent can be raised if the complainant agreed to the physical contact. However, this defence is complex in domestic contexts, particularly when injuries are involved.
Revocable Consent
It is important to understand that consent can be revoked at any time. Even if a complainant initially agrees to physical contact, if they withdraw consent at any point, any continuation of the contact may be considered assault. In domestic situations, this often becomes relevant when the complainant claims that they no longer consented during an ongoing incident.
Successfully arguing that consent was maintained throughout the incident requires careful examination of:
- Witness statements
- Communication between the parties
- Physical evidence or lack thereof
4. Defence of Property
If the alleged assault occurred while you were defending your home or personal property from unlawful damage or invasion, this defence might be raised. The force used must be proportionate to the threat posed.
5. False Allegations or Mistaken Identity
Domestic disputes can sometimes lead to false accusations or mistaken identity. Inconsistencies in the complainant’s testimony or a lack of corroborating evidence may help establish reasonable doubt.
6. Lack of Intent
For an assault charge to result in a conviction, the prosecution must prove that the accused intended to apply force. If the incident was purely accidental, this defence may apply.
7. Charter Violations
If your Charter rights were violated during the investigation or arrest (e.g., unlawful search, lack of legal counsel), the court may exclude evidence obtained as a result.
At Nihang Law, we thoroughly assess the details of your case to identify the most viable defence strategy. Our goal is to protect your rights and achieve the best possible outcome.
Legal Process and Defence
Domestic assault cases are prosecuted vigorously. However, not all cases result in convictions. Factors such as the nature of the incident, the presence of injuries, and the accused’s history are considered.
At Nihang Law, we will:
- Assess the Evidence: Review all aspects of the case to identify weaknesses in the prosecution’s evidence.
- Develop a Strong Defence Strategy: Tailor a defence that considers your unique circumstances and aims for the best possible outcome.
- Advocate for Reasonable Bail Conditions: Work to modify restrictive conditions that may impact your daily life.
- Explore Resolution Options: Negotiate with the Crown for alternative resolutions when appropriate.
The Role of the Complainant
It is a common misconception that the complainant can drop the charges. In reality, once charges are laid, the decision to proceed rests with the Crown Prosecutor. However, the complainant’s input can be considered in the process.
Contact Nihang Law Today
If you are facing assault or domestic violence charges, it is crucial to have experienced legal representation. Contact Nihang Law for a confidential consultation. We are committed to ensuring fair and just outcomes for our clients.