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Domestic Assault Lawyer Toronto

Domestic Assault

Domestic assault is known as domestic abuse, spousal abuse, and family violence. Domestic violence is the pattern of abusive behaviour or physical violence by one or both partners in an intimate relationship. The intimate relationship could involve marriage, dating, family, friends or cohabitation.

Forms of domestic violence include: the application of physical force or the threat of physical force as well as violence employing the use of a weapon or the threat to employ any object that could be used as a weapon.

An incident of domestic violence usually ends with the victim or third party calling the police. If you have been charged with domestic assault, you may have been arrested and taken to a police station for further questioning and booking. You may have been released that night on some form of release and given a court date or kept in jail until your bail hearing which may happen the next day or a few days later under special circumstances.

In may cases, especially if the alleged domestic assault is not reported immediately or soon after the occurrence, a police officer may place a call to a suspect asking them to come down to the station to “answer some questions, get their side of the story or perhaps, just to straighten a few things out.” As a rule, it is never in a suspect or accused person’s interest to provide any kind of verbal or written statement to the police at the time of questioning or interrogation. Such statements or even partial statements rarely assist an accused person and might actually make it more difficult for that person to testify on their own behalf, should the matter ever proceed to trial.

In a domestic assault case, conditions of Release or Bail will minimally include:

  1. That you not have any contact with or communicate directly or indirectly with the victim
  2. That you not attend the address where the victim is staying even if it is your home as well.

 

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Upon arrest or processing and while in police custody the police should be encouraged to document and photograph any injuries you may have but in the event no photographs are taken, the domestic assault lawyers at the Criminal Law Team will ensure that this evidence is preserved in the event that a trial becomes necessary.

At the conclusion of the trial there will be a verdict. If you are found not guilty then you are free to go and the terms of the bail no longer apply. If you are found guilty then there will be a sentencing hearing.

Sentencing may or may not result in jail time, depending on many factors including the severity of the alleged assault and/or the existence of a prior conviction for the same or a similar type of offence. However, it will nearly always involve probation. Probation often compels some sort of psychological counseling and in some circumstances, a requirement that the accused person avoid contact with the victim unless it is with their written revocable consent.

Being accused of a domestic assault can be an overwhelming experience. Knowing that you have 60+ years of experience from Toronto domestic assault lawyers Bruce Karten & Stephen Hebscher defending your case will give you the confidence and peace of mind you need to help you through the process, and get you the best result possible in the shortest possible period of time. Give us a call today for your free confidential consultation.

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