Domestic Assault Lawyer, Toronto
A domestic assault charge include assaults that occur within the context of any domestic relationship, i.e. between married couples, common-law partners, same-sex partners, boyfriend-girlfriends, siblings, etc..
When defending a domestic charge, there are many legal complexities that you may not know how to use to your advantage. As you will likely be facing a highly acute prosecutor in court, it’s important to have an equally competent domestic assault lawyer in Toronto to strengthen your case.
John Erickson has been a practicing domestic and sexual assault lawyer in Toronto for more than 20 years and has successfully defended countless individuals charged with assault, domestic assault and sexual assault related charges in Toronto, the GTA, and throughout southern Ontario.
Get in touch:
(416) 3633612
john@ericksonlaw.ca
These FAQs share pertinent information for those individuals accused of a domestic assault charge.
Domestic assault is generally understood as any assault committed against a family member or intimate partner. This includes an act committed with the intent to cause fear through immediate bodily harm or death.
Family members and intimate partners include spouses, ex-spouses, dating partners, siblings, parents and children.
Family members and intimate partners include spouses, ex-spouses, dating partners, siblings, parents and children.
In Canada, complainants are not able to drop charges against the accused. This is because the charge is laid by the police and “belongs” to the Crown. However, a complainant’s input may influence the prosecutor in charge of the assault case.
A prosecutor may withdraw charges if they decide that the prosecution is not in the best interest of the public or if there is no reasonable chance of a conviction.
A prosecutor may withdraw charges if they decide that the prosecution is not in the best interest of the public or if there is no reasonable chance of a conviction.
The police must act on more than mere suspicion, meaning that they must have reasonable grounds to lay the charge.
What is reasonable grounds? If a prudent, unbiased person provided with the details of the allegations has sufficient reason to believe that an offence has been committed, this essentially constitutes “reasonable grounds”.
In deciding whether reasonable grounds exist, police may rely upon information such as witness statements, observations of injuries to the victim and property damage, and information obtained from 911 dispatch.
What is reasonable grounds? If a prudent, unbiased person provided with the details of the allegations has sufficient reason to believe that an offence has been committed, this essentially constitutes “reasonable grounds”.
In deciding whether reasonable grounds exist, police may rely upon information such as witness statements, observations of injuries to the victim and property damage, and information obtained from 911 dispatch.
Since these charges cannot be dropped easily, it is highly recommended that you consult with an experienced defence lawyer who can navigate you through the process. By building a strong case on your behalf, this can lead to a withdrawal of the charge, an acquittal or more lenient penalties through a plea bargain with the Crown.
John Erickson has the legal experience and knowledge to assist you in your domestic assault case.
Call us at: (416) 3633612.
John Erickson has the legal experience and knowledge to assist you in your domestic assault case.
Call us at: (416) 3633612.
Not all domestic assault charges make it all the way to trial. Sometimes the Crown can be persuaded to withdraw the charge or accept a guilty plea to a lesser, included offence.
Domestic assault charges that do go to trial are often challenging and complex. Firstly, you need to understand that as an accused person, you will not have the right to cross-examine the complainant yourself.
If you try to defend yourself at trial, the Crown will almost always ask the Court to appoint a lawyer to conduct the cross-examination of the complainant on your behalf.
This court appointed lawyer does not have to conduct it the way that you might want and will not assist you in any other areas of your trial. Their job is only to conduct the cross-examination of the complainant as they see fit.
Secondly, domestic assault trials often involve attempts by the Crown to tender evidence of prior alleged incidents of abuse as “background narrative”.
This narrative evidence is usually highly prejudicial to the accused and is tendered by the Crown not as proof of the alleged offence itself but as evidence to explain why the complainant behaved the way that they did.
Because this evidence is often highly prejudicial to the accused, it is always best to hire an experienced domestic assault lawyer to defend you.
If you try to defend yourself at trial, the Crown will almost always ask the Court to appoint a lawyer to conduct the cross-examination of the complainant on your behalf.
This court appointed lawyer does not have to conduct it the way that you might want and will not assist you in any other areas of your trial. Their job is only to conduct the cross-examination of the complainant as they see fit.
Secondly, domestic assault trials often involve attempts by the Crown to tender evidence of prior alleged incidents of abuse as “background narrative”.
This narrative evidence is usually highly prejudicial to the accused and is tendered by the Crown not as proof of the alleged offence itself but as evidence to explain why the complainant behaved the way that they did.
Because this evidence is often highly prejudicial to the accused, it is always best to hire an experienced domestic assault lawyer to defend you.
Yes. If you’ve been charged with domestic assault, the police may detain you overnight to be brought to court for a bail hearing the next day.
In court, the Crown can either consent to the accused’s release on specified conditions or oppose their release. If the latter takes place, there will be a contested bail hearing that takes place before, usually before a Justice of the Peace.
In court, the Crown can either consent to the accused’s release on specified conditions or oppose their release. If the latter takes place, there will be a contested bail hearing that takes place before, usually before a Justice of the Peace.
The penalties of domestic assault greatly depend on the severity of the offence.
If you plead guilty or are found guilty after trial, the penalty for domestic assault can range anywhere from an absolute discharge to a lengthy jail sentence. As well, there can be ancillary orders such as a DNA order or firearms prohibition.
If you plead guilty or are found guilty after trial, the penalty for domestic assault can range anywhere from an absolute discharge to a lengthy jail sentence. As well, there can be ancillary orders such as a DNA order or firearms prohibition.
This must be brought to the court’s attention when bail is being set. The court may allow the accused to see their children under restricted circumstances. Oftentimes, a third-party will be responsible for setting up these arrangements.
Even after serving time for a domestic assault conviction, the charges will remain on your criminal record. This could impact several areas of your life; future relationships, travel, employment, and living arrangements.
Don’t take a gamble. Strengthen your chances of success in court as much as you possibly can.
Erickson Law is at your service. Hiring a qualified domestic assault lawyer is the best way to defend yourself against false allegations and avoid life-changing repercussions.
Get in touch:
(416) 3633612
john@ericksonlaw.ca
Don’t take a gamble. Strengthen your chances of success in court as much as you possibly can.
Erickson Law is at your service. Hiring a qualified domestic assault lawyer is the best way to defend yourself against false allegations and avoid life-changing repercussions.
Get in touch:
(416) 3633612
john@ericksonlaw.ca
Sexual assault includes any non-consensual physical contact with another person that interferes with their sexual integrity.
This includes any unwanted touching on the genital areas, breasts, and buttocks even if committed for a non-sexual purpose.
This includes any unwanted touching on the genital areas, breasts, and buttocks even if committed for a non-sexual purpose.
The ramifications of a sexual assault charge can damage your reputation for life. If arrested for sexual assault, you’re likely to receive unwanted publicity or attention, fired from your job, and be placed on restrictive bail conditions.
If you are plead guilty or are found guilty of sexual assault after a trial, you may be liable to imprisonment for as much as 10 years if the Crown proceeds by indictment or 18 months if the Crown elects to proceed by summary conviction (or 2 years if the Crown proceeds by summary conviction and the complainant is under the age of 16 years).
As well, if you plead guilty or are found guilty after trial, you will face mandatory registration in the national sex offender registry, the provincial sex offender registry and the national DNA Data Bank.
If you are plead guilty or are found guilty of sexual assault after a trial, you may be liable to imprisonment for as much as 10 years if the Crown proceeds by indictment or 18 months if the Crown elects to proceed by summary conviction (or 2 years if the Crown proceeds by summary conviction and the complainant is under the age of 16 years).
As well, if you plead guilty or are found guilty after trial, you will face mandatory registration in the national sex offender registry, the provincial sex offender registry and the national DNA Data Bank.
Erickson Law introduces a wealth of legal knowledge and expertise to your case. Fees will depend on the complexity of the charge.
We provide you with a free consultation to walk you through our flexible payment plans. Rest assured, our main priority is to provide quality legal services at a fee that is fair to you.
We provide you with a free consultation to walk you through our flexible payment plans. Rest assured, our main priority is to provide quality legal services at a fee that is fair to you.
Erickson Law is on Your Side
Turn to a Qualified Domestic Violence Attorney in Toronto
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.
Get in touch:
(416) 3633612
john@ericksonlaw.ca
