Domestic assault may be a confusing topic to navigate for a lot of people. If you’ve seen our part 1 of the common questions about domestic assault in Canada, read on for more answers to your questions below.
What Can Be Done if Bail Conditions Prevent an Accused to Go Home or See His/Her Children?
A bail variation can be procured with the consent of the Crown Attorney. Allowing the abuser to return home or have contact with the victim and family members is usually difficult to obtain and will likely involve an agreement with the abuser to enter an Early Intervention Program. A highly skilled domestic abuse lawyer will be able to help and can make a world of difference in getting access to loved ones again.
What is the Early Intervention Program?
Also referred to as PAR or Partner Assault Response program, the Early Intervention Program is a 14-sessions program that provides counselling on anger management, relationships, and domestic violence. A guilty plea is often required to join this program. This program is a requirement when availing of bail variation. After the program is completed, the judge can grant a discharge or the Crown Attorney can ask for withdrawal of charges.
What is the Meaning of Written Revocable Consent?
This is a written consent from the abuse victim saying that they are giving consent to resume contact with the abuser. Once given, the alleged abuser must carry a copy of the Written Revocable Consent at all times. Note that the victim can revoke the consent whenever they want by informing the police.
Can Charges Be Dropped if the Other Party Does Not Show Up in Court?
This is not the case. The Crown Attorney will subpoena the absent party and issue a warrant of arrest if the other party still refuses to come to court. Previous statements on record can be used as well for the trial to push through.
What is the Best Defence Against a Domestic Assault Charge?
The best defences are to have a clear records of facts and to hire a domestic assault lawyer to champion your side. Witnesses may have a huge impact on the outcome of the charge especially for proving non-tangible details that are relevant to the case.
Do you need a domestic assault lawyer in Toronto? Contact Calvin Barry today! Calvin Barry will answer your domestic assault questions and help you develop a better understanding of where you stand whether you are the victim or the accused party in domestic abuse.