What is domestic assault in Ontario?

Section 266 of the Criminal Code describes the crime of domestic assault.

The code does not separate domestic assault from non-domestic assault. It does, however, see assault against a current or former spouse, partner living together, or dating partner as a serious factor in an assault charge.

There is really a no-tolerance policy in Ontario, and all over Canada, for this kind of crime. Domestic assault claims are taken seriously. The Crown attorney’s office handles these cases with great care. They aim to be strong against crime and also keep victims safe.

It will probably be handled differently and treated more strictly by the courts if you are found guilty.

There might be a special team of lawyers. They only handle cases of domestic assault.

Police are told to charge people who are accused of domestic assault, even if there is no other proof. The victim’s statement is seen as enough evidence.

It’s really important to hire skilled domestic assault lawyers if you face accusations.

Note that if you are arrested for a domestic assault charge, you will probably need a bail hearing to get out of jail.

A bail condition is a rule that the court tells a person to follow when they are released from jail. These rules are meant to keep the public safe and stop the accused from bothering or threatening witnesses.

If someone has accused you of assault causing harm, it is important to get legal help quickly.

Toronto Domestic Assault Lawyer Jeffrey I. Reisman will help you at your bail hearing. If you are successful, there will be strict rules for your release. This includes not being allowed to contact the complainant.

Defending against Toronto domestic assault charges

The best way to move forward after getting bail is for your lawyer to talk to the Crown prosecution. They can check if the prosecution will think about dropping the assault charges.

If not, your lawyer should try to find a solution that works for everyone. This is important if you decide to take responsibility for the assault charges.

If that does not happen, you will need strong support and help in court to try to prove your innocence or at least lessen the penalties you face.

If someone has accused you of assault that causes harm to the body, it is important to find a lawyer quickly. Jeffrey I. Reisman is a criminal defense lawyer with a lot of experience in domestic assault cases. He can help you defend your rights and seek justice. Reach out to us today for a free consultation.

What is the penalty for domestic assault in Ontario?

The Crown Policy Manual from the Attorney General says that Crown Attorneys should handle domestic violence cases very seriously, just like other serious crimes.

If you are found guilty of domestic assault, you can face tough penalties.

This can lead to six months in prison or a $5,000 fine for a simple conviction. For an indictment, it could mean up to five years in jail.

If you are dealing with a domestic assault claim, it is important to have a criminal defense lawyer who knows the law very well. Jeffrey I. Reisman, a domestic violence lawyer, understands how to handle domestic assault cases. He can give you the best defense.

Domestic Assault Frequently Asked Questions

What occurs when you get charged with domestic assault?

If you are accused of domestic assault in Ontario, the Crown prosecutor thinks there is enough proof to bring your case to court.

It is important to talk to your domestic assault lawyer in Toronto as soon as you can – before you talk to the police.

Criminal defense lawyer Jeffrey I. Reisman will explain what you can look forward to and the criminal processes that you will face as you prepare your defense.

If the case goes to court, it will usually be paused for about 3 to 4 weeks. This time is needed for talks with the Crown Attorney. If they cannot agree on a deal, a trial date will be chosen.

When you face claims of domestic assault, having a good lawyer is very important. A guilty plea can lead to serious problems. This includes long jail time and a criminal record. This is why you should talk to a skilled law firm in Toronto as soon as you can.

What is an emergency protection order in Ontario?

An emergency protection order (EPO) is a short-term court order meant to keep someone safe from domestic violence.

It can happen if a person who complains goes to court. It can be given even if the accused is not there or does not give any input.

If you have domestic assault charges, it is important to find a criminal defense lawyer. A lawyer with experience in these cases can help you. Jeffrey I. Reisman is a domestic assault lawyer in Toronto. He can help you defend your rights and get justice.

How can I have my domestic violence charges removed?

Domestic violence charges will not just be dropped. This is true even if the person who made the complaint does not want to continue with the charges anymore.

The police file the charges. The Crown prosecutor will decide if they will go ahead with a trial.

Your best way to get a domestic violence charge dropped is to hire a Toronto domestic assault lawyer. This lawyer can work with the Crown prosecution. They will try to have the charges taken away.

One resolution is a legal peace bond. This bond requires you to follow certain rules set by the court for a specific amount of time.

With a peace bond, charges for domestic abuse can be dropped.

Another choice in less serious cases is to ask for a ‘discharge’ before the trial. This can help you not get a criminal record, even if you plead guilty to the crime.

If you are accused of spouse abuse, it is important to have lawyers who understand the details of these cases. Jeffrey I. Reisman has many years of experience helping clients with domestic violence cases. He knows what will happen in court.

Is there a punishment for domestic assault that does not require jail time?

There are punishments that sentencing judges can give. These do not include prison time for some small domestic assault cases and for first-time offenders.

Participating in domestic violence programs can help you get a lighter punishment.

A criminal conviction for assault can greatly affect your life. You could be stopped from traveling to certain countries. Also, it may be hard to find a job or a place to live.

Your best chance to avoid prison for a domestic assault conviction is to work with lawyers who know the Toronto court system well. They should have experience in handling assault cases.

Contact Jeffrey I. Reisman, a criminal defense lawyer, if you have any domestic assault charges. You can book a free consultation by calling 647.351.HELP or 647-556-5235.