Domestic Assault Lawyer, Toronto | Assault Lawyer Toronto (Updated 2024)

John Erickson has been a practicing domestic assault lawyer in Toronto for almost 20 years and has successfully defended countless individuals charged with assault and domestic assault related charges in Toronto, the GTA, and throughout southern Ontario.

With his proven record of success and the high importance that he places on affordable client care, Erickson Law is a prudent choice for those seeking a domestic assault lawyer in Toronto.

If you are seeking a domestic assault lawyer in Toronto, call (416)­ 363-­3612 or write to info@ericksonlaw.ca to book your free consultation today.

Erickson Law provides criminal defence in Toronto for alleged assault and domestic assault offences including:

• • Aggravated assault
• • Assault
• • Assault causing bodily harm
• • Assault with a weapon
• • Criminal harassment
• • Domestic assault
• • Parental assault or abuse
• • Spousal assault or abuse
• • Threatening bodily harm
• • Threatening death

Domestic Assault Criminal Defence Lawyer, GTA

Understanding Assault and Domestic Assault in Canada

Failing to secure a qualified domestic assault lawyer in Toronto can be disastrous for the accused, even when no crime has been committed. When responding to reports of alleged domestic violence, police will almost always choose to arrest even when it is just one person’s word against another or the circumstances suggest that the allegations are false. As a result, many innocent people are arrested for crimes they did not commit. If you are accused of assault or domestic violence, you will typically be held for a bail hearing and forced to abide by strict bail conditions until your trial is finished or you bring an application before a judge to modify.

Allegations of domestic assault and spousal abuse usually arise just before the break up of a marriage or common law relationship when emotions run high. Because they typically occur within the home, domestic assault cases often involve no witnesses other than the accused and the complainant. As a result, these cases are both complex and highly volatile, and carry serious implications if you fail to hire a qualified domestic assault lawyer in Toronto.

How can assault or domestic violence charges affect my life?

Assault and domestic violence charges can have a dramatic effect on your life. Some repercussions are felt immediately, while others have far-­reaching impacts on your future employment, family court proceedings (including custody and access to your children), travel, and relationship opportunities. Hiring a qualified domestic assault lawyer in Toronto is the best way to defend yourself against false allegations and avoid life-changing repercussions.

When you are facing accusations of assault or domestic violence in Canada, the Court will typically impose conditions that prohibit the accused from contacting family members. This is done in order to eliminate the chance of culpable individuals committing further domestic violence or spousal abuse while their trial is pending, but it can feel unjust to those dealing with false allegations.

This policy is usually upheld even when the accused’s spouse or children attempt to make contact, though hiring a qualified domestic assault lawyer from Toronto can help you avoid this outcome. If you act promptly and secure qualified representation, your assault lawyer can fight against conditions that can can effectively segregate you from your home and family.

Additionally, your life may be affected by an assault or domestic violence charge in the following ways if these allegations lead to your conviction:

∙ Loss of employment opportunities

∙ Court orders prohibiting contact with family members for years

∙ Family Court orders dealing with custody and access or children

∙ Serious fines

∙ Denial of immigration, permanent residence, and citizenship applications

∙ Restriction from a career in law enforcement

∙ Loss of respect and standing in the community

∙ Inconvenience or denial during travel when arrest and conviction information appears on vulnerable sector checks and other screenings

Why choose Erickson Law when seeking an assault lawyer in Toronto?

Choosing a qualified assault lawyer to help you fight allegations of domestic assault, spousal abuse, or threatening bodily harm can be the difference between a conviction and being cleared of all charges. A qualified domestic assault lawyer from Erickson Law’s Toronto offices can help negotiate a resolution with the Crown Attorney to enable accused clients to:

Modify release conditions. Your bail or undertaking conditions may be varied so that you are afforded the opportunity to live and communicate with your domestic partner again.

Avoid a conviction. Our legal team can help you avoid a criminal record through a withdrawal of the charges levied against you, or secure you an absolute or conditional discharge.

Frequently Asked Questions

How is Domestic Assault Defined Under Canadian Law?

While the Criminal Code does not define domestic assault specifically, it recognizes that its nature is distinct, leading to a different treatment from law enforcement and judiciary. The code defines assault in general as follows:

Assault is considered to have occurred if:

a) He intentionally uses force against another person without consent, either directly or indirectly.

(b) He attempts or threatens to use force against another person by means of an act or gesture if, on reasonable grounds, he believes that he is capable to achieve his goal;

(c) While openly wearing or possessing a weapon, or an imitation thereof he accosts another person or hinders them or begs.

Domestic assaults are viewed in Canada as particularly serious crimes. The context is a factor that can lead to harsher punishments than for assaults committed outside of a domestic setting.

In cases of domestic abuse, the Crown Prosecutor has the burden of proof. He must prove the following:

• The complainant and defendant had a domestic relationship, which could include family ties, romantic relationships or marriages, or common-law partnerships.
• The defendant used force against the complainant either directly or inadvertently without their consent.
• Force was used intentionally and it could have been verbal, physical or a threat to use force.
• Domestic abuse is more than just physical harm. This includes a wide range of behaviors including, but not limited, to threats of violence and emotional manipulation.

Is It Possible To Face A Domestic Violence Conviction In Ontario For Making A Threat?
Ontario law recognizes that domestic violence refers to more than physical aggression; even threats of violence against domestic partners may constitute grounds for criminal prosecution. Authorities, including police, possess the legal mandate to detain individuals suspected of making threats without physical violence occurring. When evaluating such incidents, judicial authorities consider several factors. Domestic violence refers to any threat made in domestic relationships that has serious and credible repercussions, beyond mere physical confrontation. Under this broad interpretation of domestic violence law recognizes any possible damage done beyond physical altercations as domestic abuse.

Is Jail Time a Likely Outcome for First-Time Offenders Charged with Domestic Assault

The consequences of a domestic assault conviction vary based on factors such as your criminal history, the severity of the offense, and the specific nature of the crime. The penalties can range as follows:

• For minor offenses leading to summary convictions, penalties can be as severe as up to two years in prison per day.
• In cases where the Crown prosecutes as an indictable offense (for more serious crimes), sentences can extend up to five years.
• Convictions for sexual assault or assaults causing bodily harm can lead to imprisonment for up to 10 years.
• Aggravated assaults or sexual assaults on a child under 16 years can result in up to 14 years in prison.

Are There Alternatives To Jail For First-time Domestic Assault Offenders?

Yes, first-time offenders, particularly in cases of minor assaults, may receive alternative sentences to jail time and could potentially avoid a criminal record:

Discharge: A judge may issue a conditional or absolute discharge. An absolute discharge means no criminal record for the domestic assault. A conditional discharge, subject to completing a probation period, also results in no criminal record.
Summary Conviction: For minor cases, the Crown may choose summary proceedings, leading to lesser penalties and a narrower range of sentences than an indictable process. Fines or restitution up to $5,000 may be imposed instead of jail time.
Suspended Sentences: The judge might convict but place you on probation. Adhering to probation conditions is crucial, as failure to comply can lead to further charges or imprisonment.
Conditional Sentence: For offenses not requiring mandatory jail time but sentenced to up to two years, house arrest may be an option. This requires convincing the court that community safety is not at risk and that the sentence serves justice. Conditions typically include community supervision and limited outside home hours, primarily for work and essential errands.

How Does A Domestic Assault Charge Impact An Individual Legally And Personally?
Being charged with domestic violence can lead to numerous legal and personal repercussions that impact various aspects of your life. The ramifications extend beyond the potential for fines and legal penalties. Consider a scenario where an individual faces domestic violence charges within a family context. This situation can lead to emotional turmoil and severely strained familial relationships. The individual might find themselves isolated from critical support networks and grappling with the social stigma that often accompanies such charges. The repercussions of a domestic assault charge are far-reaching, affecting not only your standing in court but also your reputation in the community, your career opportunities, and possibly your immigration status. This example highlights the extensive and multifaceted consequences that can arise from domestic assault charges.

Erickson Law offers the following advantages to those seeking domestic assault lawyers in Toronto:

All­-compassing legal experience. John Erickson has dealt with every level of Ontario’s legal system during his nearly twenty ­year career. John Erickson is experienced in a number areas of criminal law, and his successes can be read on the testimonials page.

Affordable representation that does not compromise on quality. John Erickson offers complimentary first ­time consultations to help clients affirm their choice of legal representation at no additional cost. Additionally, John uses a block billing structure that is widely accepted as the most cost­-effective and transparent payment protocol. You can learn more about our payment plans under “Our Fees” here.

Putting a primacy on client care. At Erickson Law, we believe in putting the client first. We operate with diligence and discretion, and fully appreciate the sensitive nature of domestic assault accusations. Recognizing the round-­the-­clock nature of domestic assault allegations, we provide 24- hour emergency contact channels to help you.

If you require an assault lawyer in Toronto, then making the right choice is imperative. Get in touch with our team today to book your free consultation and learn why you need Erickson Law on your side. Call (416)­ 363-­3612 or use our online contact form.