If you are facing domestic violence charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Domestic violence is a catch-all term that refers to any violent crime committed against a family member, spouse, or intimate partner. Because this type of relationship involves a level of trust, the courts take domestic violence charges very seriously.
In Toronto, the “Integrated Domestic Violence Court” hears family cases and domestic violence criminal charges heard before a single judge.
Some of the more common types of offences that occur in a domestic setting include the following:
- Assault
- Threats
- Assault with a Weapon
- Assault Causing Bodily Harm
- Aggravated Assault
- Choking
- Break and Enter
- Unlawfully in a Dwelling
- Unlawful Confinement
- Sexual Assault
- Criminal Harassment
- Extortion
- Various Breaches of Conditions
Assault is the most common charge for domestic violence. It happens when someone uses force on another person without their permission, tries or threatens to use force, or approaches or blocks another person while openly carrying a weapon.
Simple assault is a hybrid crime, which means the Crown can choose to charge the person by indictment or summarily. If it’s by indictment, you could spend up to five years in prison. If proceeded with summarily, you could go to jail for up to two years and/or pay a fine of up to $5,000.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of domestic violence beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto domestic violence lawyer today by calling (647) 986-8077 or book a free consultation.
Key Takeaways
- Domestic violence refers to various offences (assault, threats, harassment, etc.) committed against a family member, intimate partner, or spouse.
- These charges are taken extremely seriously by courts and prosecutors.
- Penalties vary based on the specific charge and severity (see Criminal Sentencing in Toronto):
- Simple assault: up to five years in prison (indictable) or two years (summary).
- Assault causing bodily harm: up to 10 years in prison
- Using weapons or choking makes sentences a lot longer.
- Typical bail conditions include:
- No contact with the complainant
- Moving out of the shared home
- Weapons prohibition
- Even with strict rules about prosecuting, you can potentially defend yourself against a domestic violence case when:
- The incident was fabricated or exaggerated
- You were acting in self-defence.
- There isn’t enough proof to back up the case
- The complainant’s story is not consistent or trustworthy.
- Early intervention by our lawyers significantly improves chances of a positive outcome.
How can a domestic violence lawyer in Toronto help?
Our lawyers can help you with your case from the start, even before charges are filed, by giving you legal advice while the police are looking into it.
Strategic Criminal Defence lawyers can help you avoid saying things that could be misinterpreted or used against you. We can talk to the police and prosecutors for you so that you don’t have to do it more than you have to.
In cases of domestic violence, our team will gather proof like text messages, call logs, and witness statements that could show that the complainant’s story doesn’t add up or to back up claims of self-defence.
We can help you with the court process and, if necessary, work to change the terms of your bail so that you can go home or stay in touch with your kids. We can also effectively question the complainant during the trial.
Domestic Violence Charges in the Criminal Code of Canada
According to section 266 of the Criminal Code:
Assault
Every one who commits an assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
According to section 267 of the Criminal Code:
Assault with a weapon or causing bodily harm
Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant.
According to section 718.2 of the Criminal Code:
Sentencing Principles (Aggravating Factors)
A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
(ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family,
shall be deemed to be aggravating circumstances.
Examples of Domestic Violence Charges
Here are some examples of what could result in charges of domestic violence in Toronto:
- A woman slaps her husband during an argument so hard that he bruises. She then threatened to harm him if he called his parents. She was accused of making threats and assault.
- A man threw a glass dish at his wife in their home kitchen and was charged with assault.
- A woman objected to her ex-husband taking their kids for his planned weekend during a custody dispute. She pushed him down the porch steps when he attempted to enter the house, causing him to break his ankle. She was accused of assault with bodily harm.
Consequences of a Domestic Violence Charge
The punishment for domestic violence can range significantly depending on the specific charge. A conviction for domestic assault, for example, can result in anything from a peace bond to 14 years in prison. Because the punishment for domestic violence depends heavily on the nature of the offence, circumstances of the offence, and the circumstances of the offender, to get a more concrete sense of your criminal liability you should talk to one of our Toronto criminal defence lawyers immediately.
While you do face a high likelihood of receiving a harsh penalty in the event of a conviction, being charged with this offence does not necessarily mean that you will receive a criminal record.
A large number of domestic violence charges are resolved outside of court through pre-trial resolution discussions between defence counsel and the Crown prosecutor. One of the most effective ways we resolve some of the more minor domestic violence charges (like domestic assault) is by negotiating with the Crown for a Peace Bond.
If you are given a peace bond, you will have to comply with some basic terms for the period of one year, such as no contact with the complainant, no weapons, and attend probation and court as directed. Once you sign the peace bond, the Crown will withdraw the charges against you and you will be able to completely avoid a criminal record. It is important to know that if you agree to a peace bond, you have not been found guilty of the offence.
If a peace bond is not appropriate in your circumstances, we can canvass a range of sentencing options with the Crown that will either leave you with no criminal record, or that will impose minimal restrictions on your liberty after sentencing.
Domestic Violence Charge Defences
Being accused of domestic violence is scary and hard to deal with. These claims are very important to the police and prosecutors, and they can change your life. But being charged doesn’t mean you will be found guilty and depending on your situation, difference defences may be available to you.
Here are some possible available defences against domestic violence charges:
- Factual innocence: this is usually the strongest defence because the facts and the evidence do not support you being there, causing the domestic violence, or other basic elements of the case.
- Violation of constitutional rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it could aid your defence.
- Consent: the burden is on the Crown Prosecutor to prove beyond a reasonable doubt that the person who was allegedly assaulted did not consent to the application of force by the accused person. However, an important limit to this defence is the fact that there is no such thing as consent to bodily harm.
- Self-defence: reasonable force can be used to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. No reasonable person would accuse you of domestic violence if your actions were taken to protect yourself and were not deemed to be disproportionate or “reckless”.
- Defending someone else: reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
- Defending property: reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
- Accident: an accidental assault should not lead to a criminal conviction if it was unforeseeable (which you have to prove).
- Provocation: If your actions were provoked by the other party, such as with taunts, it may assist your defence.
Domestic Violence Charge Investigation
An investigation of an allegation of domestic violence in Toronto is typically started by the alleged victim (or a relative/neighbour/witness). They contact the Toronto Police Service and report it. The police will request a written, audio or video statement from the complainant or any other witnesses and launch an investigation.
Police will typically interview all witnesses to the offence, review surveillance video, if any, seize any weapons involved, photograph the scene and/or injuries, and obtain medical documents to prove the type and extent of the alleged victim’s injuries.
However, the police may also simply arrest you right away. In fact, all they need to charge you with domestic violence is the complainant’s own testimony. No further physical proof is required.
There is no specialized police unit to deal with these types of charges, but The Toronto Police Service is well equipped to conduct these investigations. It is one of the largest municipal forces in North America, with 5,500 officers serving the Toronto area.
Once the police have gathered their evidence, they will track you down and arrest you, if you are the alleged perpetrator. The police will either question you at the scene or take you to a Police District Office for questioning and processing. The police will then decide whether or not to press domestic violence charges against you.
Even if a complainant makes an allegation of domestic violence that they later withdraw, it’s still up to the Crown Prosecutor to decide whether to pursue the charges against you. The complainant can be subpoenaed to appear in court in domestic violence cases, even against their wishes.
Bail Conditions for Domestic Violence Charges
When someone is charged with a domestic violence related offence, their bail conditions when released from custody are generally strict.
A no-contact order which says that the defendant can’t talk to the complainant directly or indirectly, is the most common condition. No matter who owns or rents the property, the accused almost always has to leave the family home and find a new place to live.
If the couple has kids together, the terms of their bail become more complicated. The court might only let the two people talk to each other to set up visits with the child, and this is usually done through a third party or supervised exchanges.
Other common conditions are bans on weapons, limits on alcohol and drugs, and required counselling programs.
