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Understanding Domestic Violence Charges in Canada

The police reports that there is a surge in the number of domestic violence charges in Canada as people are forced to stay home following weeks of the pandemic, but what constitutes domestic violence and who may be charged with it?

Domestic violence and related charges are taken very seriously in Canada due to the close-relationship and proximity of the people involved. Oftentimes, the police, courts, and the prosecutors will take a strict approach and make sure that the accused is met with serious consequences even when the victim decides to recant some statements. The consequences are usually those with life-long effects even when the accused is not found guilty of the offence.

What Falls Under a Domestic Violence Charge?

It is a common misconception that domestic violence is only about physical violence. The fact is that a threat to property also falls under domestic violence although there is no direct physical harm to the victim. If another person interferes with the use of another’s property or utters threats to do so such as threatening to destroy a cellphone or punching a wall, these actions will also fall under domestic violence and may result in a charge. Domestic charges may also result from verbal threats of damaging a property, like in the case of threatening to slash someone’s car.

Related Charges to Domestic Violence

Other non-violent behaviour can result in criminal harassment charges if they are not filed under domestic violence. Words or any form of communication that can make another party reasonably fear for their safety can result in a charge. Don’t forget too that the police can charge based on accusation alone.

Remember that the authorities apply a zero-tolerance policy for domestic violence. A simple act such as holding your partner’s hand while trying to explain your side while in an argument may result in a charge. It is best to consult a domestic violence lawyer if you think you may be charged or if you’ve been arrested for a charge. What is important is to talk to a criminal defence lawyer as soon as possible if you’re the accused because a single wrong move can mean years of jail sentence and facing other life-long consequences. Contact Calvin Barry if you’re looking for a domestic violence lawyer in Toronto. Talk to Calvin Barry today!

Calvin Barry Professional Corporation