Both the family and criminal courts in Ontario treat domestic violence as a serious issue with severe punishments. As such, it is best to act as though you are expecting the worst outcome when charged with domestic assault and seek advice from an experienced criminal lawyer as soon as possible to make sure that proper actions are taken on your behalf.
What to Expect as an Accused for Domestic Assault?
Charges of domestic violence requires a court appearance; the first of which means that the accused will appear before a Justice of the peace and the Crown prosecutor will present documents that may be used against the accused. After this, a return date will be scheduled to continue the prosecution proceedings.
When you appear in court as an accused for domestic violence, you have to make sure that you hire a criminal lawyer for your defence and be in court at least half an hour before your scheduled time. Your lawyer will be able to advise you as well as brief you on the things you can expect to follow. If a charge is your first case, you may be eligible for a PAR or a Partner Assault Response program which may cause the Crown to withdraw charges after your completion of the program. A peace bond may be possible too depending on circumstances. What is certain is that there will be non-contact conditions and geographic restrictions, the details of which can be better explained as it applies to your specific case by your lawyer.
Other Legal Matters
You may expect that there will be a restraining order and possible clauses on protecting children (if there are any involved) such as custody provisions and the child support details. Know that a charge of domestic violence or domestic assault does not excuse one from parental duties.
Were you or someone you know charged with domestic assault in Canada? Contact a criminal lawyer right away! Calvin Barry is a criminal domestic assault lawyer in Toronto who has been defending domestic violence charges successfully. Contact Calvin Barry today.