A domestic assault is as an assault that occurs between those who are in a relationship with one another. For example, partners who are either current or former spouses, common-law partners or dating partners. Cases within families are also regarded as domestic assaults, such as siblings and parent/child relationship. Where an assault occurs between these two people (in some cases more than two), then the matter is categorized as a domestic or domestic assault. Prosecutors in Ontario deal with domestic assaults differently than other types of assault charges. Domestic assault charges are taken very seriously. Unfortunately there have been a few high profile newsworthy domestic violence cases that have arisen lately. The Criminal Code of Canada instructs judges and prosecutors to treat domestic violence offenders more severely. In many cases, domestic assault charges and domestic violence are actually tied to family law disputes and family conflict. Many times, the accused will suggest that his/her spouse fabricated the assault charges. Nevertheless, given the high profile nature of domestic assault charges, the police in Ontario are usually quick to arrest and let the criminal courts sort it all out later. Having said this, many cases of domestic assault are on the low spectrum of assaults and often lead to favourable outcomes for the offender if he/she cooperates and takes on counselling, a parenting program or anger management classes. Every courthouse in Ontario usually has different ways of dealing with domestic assault in terms of the programs and resolutions offered. However, in many cases, some type of PARS program (partner assault response courses) is usually the go to counselling program that Judges and Crown Attorneys want to see an accused complete. Completing a program upfront can be very helpful to your case. If you are charged with domestic assault in Brampton or the Greater Toronto area, please contact Baratz Law for a free confidential consultation.
Frequently Asked Questions In Domestic Assault Cases
I get this situation come up quite a lot in my day to day practice. There is a domestic incident whereby one spouse is charged with an assault against their spouse or partner. It could be as minor as a shoving match or as serious as a weapon being used
There are two types of peace bonds available in Canadian Criminal Law. The first is called a section 810 peace bond and the second is called a common law peace bond. For the purposes of this post I am going to be talking about peace bonds in general. In another
Past Successes For Domestic Assault Cases
S.T. was charged with assaulting his teenage daughter with a coat hanger and belt after an alleged argument over her involvement with an online dating website. His daughter further alleged that a year before, he also assaulted her with a weapon, namely a belt, causing multiple injuries to her. The Children’s Aid Society became involved with this family as a result of the criminal charges. S.T. cooperated with the Children’s Aid Society and made positive gains by taking a parenting course. Mr. Baratz ensured the Crown Attorney was aware of these gains and what they meant to S.T. and his family.
Mr. Baratz’s philosophy of optimism and always providing relentless defence was what allowed him to convince the Crown Attorney to withdraw all charges against S.T.
V.P. was married and his wife was pregnant with their second child. The couple had been going through difficult financial times and were struggling to make ends meet. The couple had been constantly arguing about their financial affairs and their relationship was strained. One day, V.P. came home to find a goodbye letter written to him by his wife as she had decided to leave him and take their 3 year old daughter with her. Not knowing where his child was, V.P. brought an application at the Ontario Court of Justice, Family court for custody and access to her on an emergency basis. However, shortly thereafter, V.P. found himself charged with threatening death and two counts of assault bodily harm against his wife. This impacted the ongoing family law case as onerous and restrictive terms were placed on his bail, restricting his access to his child. What made matters worse was that the alleged victim was pregnant with their second child at the time of the alleged offences. At trial, Mr. Baratz demonstrated that the historical allegations were completely fabricated and the result of the alleged victim trying to gain leverage in the simultaneous family court case. V.P. was found not guilty on all charges and acquitted at trial.