6-Point Case Walkthrough from a Domestic Assault Lawyer in Toronto
Is someone you love currently facing allegations of violence or threats of violence towards a family member? Are you personally in need of a domestic assault lawyer in Toronto?
In either case, the following article will tell you what you need to know about domestic assault charges in Ontario. Learn what to expect during the arrest and investigation, how to get charges withdrawn, and when to find a criminal defence lawyer in Toronto from the team at Erickson Law.
Understanding the Incident
Domestic assault charges typically arise from circumstances where an argument or physical altercation has occurred between spouses or family members. These cases usually begin with a 911 phone call to police from one spouse who feels threatened by the demeanour or behaviour of the other.
Whatever the dynamic may be, usually at least two police officers will be dispatched to the couple’s place of residence in response. One officer will be responsible for interviewing one of the spouses while another interviews the other. An allegation of violent or criminal conduct by one will usually cause the police to arrest and charge the other.
Inside the Arrest
In the case of an arrest, the accused will be placed in handcuffs and transported to the police station. Police may process and release him/her at their discretion from the station but usually, they will hold him/her for a bail hearing. It is in your best interest to hire a domestic assault lawyer in Toronto to represent you during your bail hearing, both to improve your defence and ensure that all of your rights and freedoms are respected throughout the process.
What can I expect at the bail hearing?
Consulting with a domestic assault lawyer in Toronto is the best way to prepare yourself for your bail hearing. They will be familiar with the process and best practices.
If the accused is granted bail, his/her bail will that certain conditions be obey and almost always the bail conditions will include that the accused:
1. Not have any contact or communication, either directly or indirectly, with their spouse, and.
2. Not go within a defined number of metres of the family home or wherever the other spouse’s works, attends school, or happens to be
The latter condition is often enforced even in situations where the accused is the legal owner of the property. This means he/she may be forced to find an alternate residence until the case is over or the conditions are varied pursuant to a formal application.
To change bail conditions, the accused must either obtain the Crown’s consent or, where the Crown refuses to consent, through an application for a bail review to the Superior Court of Justice. It is always best to ask a domestic assault lawyer in Toronto whether or not applying for a bail review is advisable. A qualified domestic assault lawyer in Toronto will make the effort to understand your concerns, educate you about available options, and outline tentative timelines, costs, and procedures to expect.
Can I have the charges withdrawn?
Sometimes the police are called by one partner hoping that they will mediate the conflict rather than making an arrest. People often regret contacting the police once the arrest has occurred, and attempt to ask the Crown to withdraw charges. Unfortunately, domestic assault charges in Ontario are rarely withdrawn once they are laid. If you wish to get charges withdrawn , it is always best to consult with a domestic assault lawyer in Toronto to decide the best course of action, or you may be exposing yourself to criminal charges.
How long do domestic assault cases take to reach a resolution?
Every case is different. Whereas some cases may take only a few weeks to resolve, others may take several months. In every case, however, it is always best to consult with an experienced domestic assault lawyer in Toronto as soon as possible.
What do I do if I am going to trial?
If your case is going to trial, it is always best to contact a criminal defence lawyer in Toronto to represent you. John Erickson is a qualified domestic assault lawyer with decades of experience. Call (416)-363-3612 anytime for immediate access to an experienced domestic assault lawyer in Toronto.
You can read more about John Erickson’s affordable block billing structure, extensive legal background, and success as a domestic assault lawyer in Toronto at https://ericksonlaw.ca/assault-and-domestic-violence-charges/.