Domestic Assault Charges FAQ (Your Questions Answered)

1. Domestic Assault Charges FAQ (Your Questions Answered) Domestic assault is a kind of coercive, controlling behaviour that can give rise to violent actions by someone in the victim’s domestic circle. These actions may include physical, emotional, psychological, sexual, or financial abuse. The assailant can be the victim’s partner, ex-partner, immediate family member, relative, or family friend. The term ’domestic assault’ is used when there is a close relationship between the assailant and victim. As per government research, the number of domestic violence cases has risen significantly since the start of the pandemic. As a large number of people are suffering in this crisis, public curiosity about the matter has increased. Defendants want to clearly know their rights. That’s why every day we receive many e-mails asking about the penalties for domestic assault, the court procedures, and how to get charges dropped. Here, we discuss three of the most frequently asked questions regarding domestic assault charges, as suggested by a domestic assault lawyer in Brampton. Domestic Assault Charges: Answers to the Three Most Common Questions The following are questions often asked by both the accused and complainants. 1. Why Was I Charged with Domestic Assault? Domestic assault charges may come as a complete surprise to the accused. Someone can press a charge of domestic assault for any kind of injury or threat to life. The allegation could be one- sided, like "she shoved me" or "he pushed me." The allegation could flow both ways, like "he shoved me, so I shoved him back."

2. The allegation can also relate to sexual or psychological violence. However, as per Ontario law, police must lay charges any time an allegation of domestic violence is made, regardless of the wishes of the complainant. So, if you find yourself in a similar situation where you are being accused of domestic assault, contact an assault lawyer in Brampton right away. They will not only relieve your stress but increase your odds of resolving the case without a permanent criminal record, imprisonment, or other unwanted consequences. 2. What If My Partner Does Not Want to Press Charges? Contrary to popular belief, the police can issue domestic assault charges even if the victim does not want to press charges. In Canada, domestic assault cases are prosecuted on the doctrine of society's interest. The idea is to set the right example for society as to what is acceptable behaviour and what is not. That is why, even though the alleged victim does not want to pursue a criminal complaint or does not provide evidence against the accused, domestic violence cases can be prosecuted. Provincial prosecutors will perform a thorough investigation to determine if there is sufficient evidence to support the domestic violence charges under consideration. If they believe it is necessary, they can question the alleged victim about current or previous incidents of criminal behaviour under penalty of perjury. So, you need to consult an experienced domestic assault defence lawyer immediately to protect your rights. 3. Will I Go to Jail for a Domestic Assault Charge if I’m a First-Time Offender? In Canada, domestic assault charges are taken very seriously and prosecutors are reluctant to drop charges; that is why it is quite difficult to escape the penalties.

3. According to the Criminal Code of Canada, under section 266, the penalties for domestic assault charges depend on the nature and extent of the crime and the accused’s background. These penalties include:  Up to two years less a day for minor offences.  Up to five years if the Crown elects to proceed by indictment for serious offences.  Up to 10 years in prison for sexual assault or bodily harm.  Up to 14 years for aggravated assault or if a child under 16 was sexually assaulted. In some cases, the prosecutor may decide to give first-time offenders the chance to complete a counselling program that leaves them without a criminal record or non-custodial punishment. One can participate in and complete these programs to improve their chances of receiving a lenient sentence. However, because of the serious approach that courts and prosecutors take to domestic assault charges, these types of resolutions are not necessarily common, especially without an experienced lawyer. So, you must have an experienced defence lawyer in Brampton to represent you. Once a domestic assault charge has been laid, a series of restrictions will be imposed on the accused, which can disrupt their life. That’s why if you are serious about getting your charges dropped you should immediately contact a skilled defence lawyer. They will not only improve your chances of obtaining an excellent result but can have a major impact on the speed with which you obtain that result.