Domestic Assault

If at the time of the alleged assault, the two parties that were involved were married or in a common-law relationship, or in a dating relationship then that alleged assault would be treated as a domestic assault. As a result, it is treated more seriously than an ordinary assault.

The Criminal Code of Canada defines assault under section 265. An assault can occur in a number of ways:

1. An assault occurs when one person without the consent of the other person applies force intentionally to that other person either directly or indirectly; or

2. An assault occurs when one person attempts or threatens by an act or a gesture, to apply force to another person and the person must cause the other person to believe upon reasonable grounds that he or she has the present ability to effect his purpose.

The complainant (ie victim) no longer wishes to pursue the charges

The fact that the complainant may want the charges withdrawn is of little importance to the crown attorney who is prosecuting the case, especially in the case where the complainant has provided a sworn video statement. Although it may become more difficult for the Crown Attorney to secure a conviction when the complainant is uncooperative, the Crown attorney will still continue with the prosecution of the charges if he or she believes there is a reasonable prospect of conviction.

It is quite ordinary for the accused person to be restricted from contacting the complainant either directly or indirectly while the charges are still outstanding. In addition, the accused will also be prohibited from being anywhere near the complainant and will usually be required to keep a certain distance from the complainant at all times while the charges are still outstanding. Inevitably this means that the accused will be prohibited from returning home if the complainant continues to reside there.

There are many defences to domestic assault and as an experienced Toronto Criminal Lawyer I will sit down and review all the defences that are available to you to make sure we obtain the best possible outcome in your case. One of the most common defences is self-defence but many other defences exist that an experienced criminal lawyer can present on your behalf.

I welcome you to contact our office to schedule a free consultation. A lawyer will carefully review your disclosure and your options to help you arrive at the best possible outcome in your case.