A conviction for Domestic Assault can have dire consequences. In addition to facing social stigma, you are likely to receive a higher sentence and have more difficulty being released on bail than if you were convicted of a non-domestic assault. If you are released on bail, there will likely be strict conditions placed on where you can live and what contact, if any, you can have with family members, including your children. A conviction for Domestic Assault can also negatively affect divorce or child custody cases. Given these serious consequences, it is important to have strong legal representation to assist you in defending your case.
Domestic Assault does not form a separate offence in the Criminal Code. Rather, it is an assault that has occurred within the context of an existing romantic relationship or a relationship that has ended.
The cards are stacked against you from the moment the police become involved in your Domestic Assault case. When dealing with a suspected Domestic Assault, police will often arrest the first person accused of wrongdoing (often, but not always, the male party) involved and try to sort out what actually happened later. Moreover, Crown attorneys are directed to pursue prosecution in nearly all Domestic Assault cases, even if the complainant wishes to withdraw charges.
A skilled lawyer can bring inconsistencies in witness testimony to the attention of the court and raise defences such as self-defence. He can also deal effectively with the complex evidentiary issues that routinely arise in Domestic Assault cases. For example, if the Crown attorney tries to admit evidence that makes you look like a violent person, your lawyer can argue that this “bad character evidence” should not be admitted. If the Crown attorney tries to prevent you from accessing information about the complainant that could help your case, your lawyer can argue that you require this information to make “full answer and defence” to the charges against you.
If you are located in Ottawa, Toronto, Hull, Gatineau, Brockville, Cornwall, Pembroke or anywhere in Ontario or Quebec, Dynamic Legal Solutions can help you find a lawyer to fight your case.
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Dynamic Legal Solutions recommends the services of David Anber, a criminal lawyer in Ottawa who practices in Brockville, Cornwall, Montreal, Toronto and across Quebec and Ontario.