Domestic Assault Defence Lawyer in Brampton

Avi Baratz
(416) 937-3777 avi@baratzlaw.com

Domestic assault charges can have profound consequences on personal relationships and families, making them one of the most emotionally charged areas of criminal law. If you've filed a domestic assault complaint against your spouse or partner, you may be wondering whether you can take back those charges as emotions settle or circumstances change. Unfortunately, the legal system doesn’t always make it simple to retract accusations once the police and Crown Prosecutor are involved. In Brampton, domestic assault cases are treated with strict protocols to protect potential victims, which often limits the ability to simply “drop” charges.

If you're facing or involved in a domestic assault case, it's critical to understand your rights and the legal process. Here's what you need to know.

Can I Take Back Domestic Assault Charges I Made?

Once a domestic assault allegation has been made and the police have been called, things move out of the control of the complainant. The police often lay charges immediately if they believe there is evidence of an assault, regardless of whether the alleged victim wants to proceed. In Brampton and throughout Ontario, domestic assault cases are treated under a zero-tolerance policy, which means once charges are laid, the Crown Prosecutor is responsible for deciding whether the case will proceed—not the complainant.

Even if you, as the alleged victim, wish to retract your statement or drop the charges, this decision is now in the hands of the Crown, who may still decide to pursue prosecution if they believe there is sufficient evidence of a crime. This policy exists to prevent situations where an individual might be pressured or coerced into dropping charges.

Can I Refuse to Testify?

While the Crown controls the charges, your willingness or unwillingness to testify can affect the case. In some situations, individuals may believe that by refusing to testify, the charges will simply disappear. However, the Crown can compel you to testify by issuing a subpoena, requiring you to appear in court.

If you fail to appear, you could face legal penalties, including being charged with contempt of court. However, if you genuinely feel that the case should not proceed, it’s important to speak with a lawyer. They can provide advice on the best way to communicate your wishes to the Crown, and in some cases, they may be able to help negotiate a resolution that satisfies both parties.

Why You Still Need a Lawyer

Whether you're the one who filed the complaint or the individual facing charges, a domestic assault case can be complex and carry long-term consequences. Even if you didn’t intend for the legal process to go this far, once the charges are in the hands of the Crown, you will need experienced legal counsel to navigate the situation. Here’s why hiring a domestic assault defence lawyer in Brampton is critical:

1. Understanding the Legal Process: Your lawyer will help you understand how the court views domestic assault cases, particularly under Ontario's strict policies. They can help both the accused and the complainant navigate the legal system, including options for possible withdrawal or reduction of charges.

2. Challenging the Evidence: Domestic assault cases rely heavily on witness statements, police reports, and physical evidence. A defence lawyer can challenge inconsistencies in the evidence, and if the complainant changes their mind, they can help communicate this to the Crown in a way that may influence the case's outcome.

3. Negotiating Resolutions: In some instances, your lawyer may be able to work with the Crown to negotiate a resolution, such as entering into a peace bond or participating in a counseling program, which may avoid a criminal conviction. These options may be more favorable than pursuing a full trial.

4. Protecting Against Severe Bail Conditions: If you're the accused, bail conditions in domestic assault cases can be strict, often including no-contact orders with the alleged victim. A lawyer can work to reduce these conditions or make them more reasonable to allow for better management of family or household obligations.

Moving Forward: Can Charges Ever Be Dropped?

While it’s difficult to simply “take back” domestic assault charges, the Crown may choose to withdraw charges if there is insufficient evidence or if proceeding is not in the public interest. This decision is complex and often influenced by factors such as the complainant’s wishes, the strength of the case, and any mitigating factors such as counseling or relationship healing.

Get the Legal Guidance You Need from Avi Baratz

If you're involved in a domestic assault case in Brampton—whether as the complainant or the accused—it’s essential to seek legal advice right away. Avi Baratz is an experienced criminal defence lawyer with a strong track record of handling domestic assault cases. He can help you navigate the complexities of the legal process, protect your rights, and work towards the best possible outcome for your situation. Don’t navigate this challenging process alone—contact Avi Baratz today for a consultation and get the legal help you need to move forward.