Being charged with domestic assault is a terrible and traumatic experience for anyone, but the stress involved in these cases is magnified when the alleged victim is your spouse.
Police and Crown Attorneys are directed to apply a rigorous “zero tolerance” approach to allegations of domestic violence. Even when the complaining spouse does not want to see charges laid or requests to have charges and bail conditions dropped, prosecutors are often extremely reluctant to agree. Although domestic assault counseling programs are often recommended by Crown prosecutors in exchange for leniency and improved bail terms, defendants are usually required to enter early guilty pleas to avail themselves of these options. A domestic assault lawyer will review the strengths and weaknesses of your case. We can connect your spouse with an independent lawyer to advise them on their options while referring you to respected counseling programs that can help smooth the path to a withdrawal of the charges. When settlement is not an option, our criminal defence lawyers have the sensitivity, training, and skills to ensure that your case is meticulously prepared and scrupulously defended.
<h3>FAQ About Domestic Assault Law</h3>
Question: I’ve Been Charged With Domestic Assault Against My Wife. She Doesn’t Want To Press Charges. If She And I Just Explain The Situation To The Crown Or Police, Won’t The Charges Be Dropped And I’ll Be Allowed To Move Back Home With My Family?
Answer: Domestic assault charges apply in any case where a person is alleged to have assaulted someone that they have a spousal relationship with. This clearly applies to husbands and wives (even if they are separated and not living together) but can also include boyfriend/girlfriend relationships, same-sex relationships, common law marriages, and any relationship where a couple shares a child. The crown attorney and police treat domestic assault allegations very seriously and apply a zero tolerance approach to their enforcement and prosecution. Once a spouse has called police to report an assault, no amount of explaining or pleading will prevent a charge from being laid. In almost every case, the spouse alleged to have committed the domestic assault will be arrested, held for a bail hearing, and not be permitted to return to the family home or have any contact with the other spouse and children, until after the trial is completed. These harsh actions will be taken even if the complaining spouse later claims that nothing happened and even if he / she does not want to ‘press charges’. Crowns will not drop these charges nor will they consent to conditions allowing the family to get back together. In domestic assault cases it is vital that you retain a good criminal lawyer immediately. In many cases, it is wise for both spouses (even the one not charged with the offence) to hire a criminal lawyer. Our Toronto domestic assault lawyers have a wealth of experience conducting bail hearings and trials for people in these difficult circumstances. Bytensky Prutschi Shikhman Criminal Law Firm has had great success convincing Judges and Justices of the Peace to allow families to live together for the many months it takes for a case to come to trial in our backlogged justice system.
Articles on Domestic Assault Law – By Edward Prutschi
Domestic Assault Podcasts
A domestic assault lawyer will make every effort to answer your questions promptly and personally – you will not be shuffled around through layers of staff. When our domestic assault lawyers are in court, our office staff will respond to your concerns immediately and professionally. Bytensky Prutschi Shikhman welcomes the opportunity to be your Toronto Criminal Lawyer. Don’t waste time, call now to consult with us.