Domestic Assault Lawyer in Toronto

No matter how minor the incident- a small push, or an angry comment perceived as a threat, it will be treated as a very serious matter by police and prosecutors. As soon as a family member, intimate partner, or even a neighbour calls the police to report a domestic incident, the case will be handled differently from other criminal cases. The police will show up quickly, and they will almost always make an arrest, even when there are no injuries.

Sadly, while the police should investigate the complaint fully, they usually don’t, because they are under strict policies to lay charges as soon as someone tells them they were assaulted or threatened while in a domestic relationship. As a result of these “charge first, ask questions later”, the police make their arrest, close the file and refer it to the Crown Attorney’s office for prosecution. It will be up to you and your domestic assault lawyer to sort the mess out afterwards.

The police are under strict policies to lay charges, not to negotiate, mediate or make recommendations, which they will often do in other types of criminal cases. Your views as a complainant/victim will be heard, but not necessarily agreed with by the police or prosecutors.

Unlike other criminal charges, there is a political element to domestic violence. As a result of a few tragic, high-profile incidents where someone was murdered by an angry spouse or ex-lover, police and prosecutors are afraid of releasing someone in case he turns out to be the one in a million who will then turn around and kill their spouse or girlfriend. No police officer or prosecutor wants to be held accountable for that decision, so they often pass that responsibility on to someone else, such as a presiding justice in court. In domestic assault cases, that means that you will most likely be held in jail until your bail hearing, and if released, you will be bound by strict conditions. You will need a good criminal defence lawyer to get you through that process intact.

In domestic violence cases, the police, prosecutors and judges will be seeking to have strict conditions imposed, even if you have no criminal record, because they are concerned about the safety of the complainant. In the majority of cases, you will be separated from your family and your home, often for up to a year or more. Unless you have an experienced domestic assault lawyer.

Getting your bail conditions changed is not easy. You will need a domestic assault lawyer with the skill and experience to negotiate for you. Your lawyer will need to persuade the Crown, the police and the court that you do not pose a risk to the complainant, by submitting the right kind of evidence and arguments for their consideration. At The Defence Group, managing director Arun S. Maini has worked on both sides of the domestic violence issue. As a former Crown Attorney, he prosecuted hundreds of domestic cases; as defence counsel, he defends and advises both complainants and defendants on a whole range of issues, from bail issues to recantations to trial strategy. In the highly-politicized arena of domestic violence, you need to have a lawyer on your side who is highly experienced, and well-respected by all the players in the justice system.

No. Once the police are called in, the complainant loses control over the process. And just as police follow strict policies to lay charges in domestic cases, prosecutors are under strict policies to zealously pursue convictions to the full extent of the law. If a complainant tries to get the charges dropped, she will be sent to speak with a worker at the Victim Witness Assistance Program, which is an agency affiliated with the Crown. They will discourage her from trying to have the charges dropped. If she says that she exaggerated or lied to the police, she will be told that she risks being charged with public mischief. Even if she continues to insist on having the charges dropped, the Crown will likely proceed with the prosecution anyway.

False. The Crown’s policies are based on their belief that when a complainant wants to change her story, or have the charges dropped, it is because she is being pressured to do so, either by the accused himself, or by family members. This could be for cultural reasons, financial pressures, even because of fear. To deal with this issue, the police usually have a complainant sign their statements, or videotape them under oath, so that if they change their mind later, the original evidence can still be used to prosecute. The Crown could also postpone the case to track down the complainant, and can even request that a warrant be issued for her arrest.

Yes, although government statistics show that 85% of domestic charges are reported by women against men.

Unfortunately, as in any situation where rules are rigidly imposed, there is the risk of abuse and manipulation. As shocking as it sounds, there are many cases where allegations of domestic violence abuse are fabricated or exaggerated because one of the parties is angry, jealous or bitter. Sometimes it is done to gain an advantage in a divorce or custody battle. The reality is that because of the zero tolerance policies that are currently in force in this province, which were imposed with the best of intentions, a few unscrupulous people who choose to abuse the system by falsely reporting an allegation of domestic abuse to the police can get away with it very easily. One call is all it takes to have a spouse or domestic partner jailed, removed and banned from the family home, and to gain a major advantage in family court. You need a skilled and experienced domestic assault lawyer to fight against that kind of insidious behaviour.