DOMESTIC ASSAULT LAWYER
DOMESTIC ASSAULT LAWYER
What is domestic assault?
Criminal code definition of assault:
265 (1) A person commits an assault when
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
If you have been charged with Domestic Assault, this can be a very unsettling and traumatic experience. These charges are taken very seriously. If you are released on bail there are often very strict conditions that prevent communication with the spouse. It is important to have a domestic assault lawyer fighting for your rights to mitigate the damage to your life and, when appropriate, assist in returning your life to normalcy.
Domestic Assault is a serious charge which can occur whether or not force was actually used or just attempted. Regardless of the type of assault, the accused can face very serious penalties if convicted. As a result, it is very important to have an experienced Toronto criminal lawyer at De Boyrie Law to help guide you through the entire process.
What can De Boyrie Law do for you?
If you are found guilty of Domestic Assault, there are very serious impacts on your life that can affect future employment, travel plans, and more.
Alex De Boyrie has experience successfully representing clients who have been accused of Domestic Assault. He has a strong track record of having penalties reduced, and having charges completely withdrawn. We will craft an individualized defence for each case. We provide each client with the utmost attention to detail and representation.
If you or someone you know has been charged with Domestic Assault, please call us today for a consultation with a Domestic Assault Lawyer at (416) 727-1389.
We proudly serve Ajax, Aurora, Brampton, Bradford, Burlington, Caledon, Clarington, Cobourg, East Gwillimbury, Halton Hills, Hamilton, King, Kitchener, Markham, Milton, Mississauga, Newmarket, North York, Oakville, Orangeville, Oshawa, Pickering, Richmond Hill, Scarborough, St. Catharines, Toronto, Uxbridge, Vaughan and Whitby.
De Boyrie Law Will:
Listen to your legal issues
Get in touch with De Boyrie Law. We will listen to your complex legal matters and let you know if your case needs represnetation.
Meet and asses your case
If you need representation we will meet in person at our office to gather details on your matter and build a case.
Provide a resolution
We will gather all evidence and provide the best appropriate resolution to your legal challenge. Rest assured De Boyrie Law is on your side.
A guide to working with an domestic assault lawyer
It is important to find a lawyer who specializes in domestic assault law. You can do this by searching online, asking friends or family for recommendations, or contacting your local bar association for a referral. Make sure that you find a lawyer who is experienced and knowledgeable about the laws in your area.
By following these steps, you will be able to find and work with a domestic assault lawyer. This can help you to get the best outcome possible for your case.
Frequently asked questions for impaired domestic assault lawyers
In Ontario, domestic assault is defined as any form of physical, sexual, or psychological abuse perpetrated against a person in an intimate relationship. This includes violence, threats of violence, or any other behavior used to intimidate or control another person.
Physical assault includes any physical contact that is intended to cause pain or injury. This includes punching, slapping, kicking, pushing, or any other physical contact that is intended to cause harm.
Sexual assault includes any unwanted sexual contact, including rape, sexual touching, and any other non-consensual sexual activity.
Psychological abuse includes any behavior intended to control, manipulate, or humiliate another person. This can include verbal abuse, emotional abuse, financial abuse, or any other behavior used to control or intimidate another person.
Under Ontario law, domestic assault is considered a criminal offence. This means that anyone who is found guilty of domestic assault can face jail time and other serious consequences. In addition, individuals who are convicted of domestic assault are often subject to a restraining order, which prohibits them from having any contact with the victim.
It is important to remember that domestic assault is never okay. If you or someone you know is experiencing domestic assault, it is important to get help as soon as possible. There are many resources available to help victims of domestic assault, including shelters, legal aid, and support groups.
In Ontario, all domestic assault cases must go to court. This is enforced by the Criminal Code of Canada, which states that anyone who has been accused of domestic assault must appear in court. This is an important step in ensuring that perpetrators of domestic violence are held accountable for their actions, and that victims receive the justice they deserve.
When a domestic assault case is brought to court, the process begins with a bail hearing. The accused must attend this hearing and will require a lawyer to represent them in court.. At the hearing, the judge will decide whether or not the accused is to be released on bail until their trial. If the accused is released on bail, conditions may be imposed to ensure their compliance with the law. The defence lawyer has the opportunity to question the Crown’s case and present any evidence in their client’s defence. This helps both sides to decide whether or not the case should proceed to trial. If the case is to proceed to trial, the accused will have the opportunity to enter a plea of either guilty or not guilty.
If they plead not guilty, the trial will begin with the Crown presenting its case. After the Crown’s evidence has been presented, the defence will present its case. The judge or jury then have the opportunity to make a decision as to the guilt or innocence of the accused.
When a domestic assault case goes to court, it is important to keep in mind that the accused is presumed innocent until proven guilty. It is also important to understand that the accused has the right to a fair trial, and the right to defend themselves in court. It is essential that victims of domestic violence seek legal advice and ensure that their rights are protected throughout the court process.
In Ontario, a first-time offender of domestic assault can face a range of penalties, depending on the severity of the offence and the offender’s criminal history. For a first offence, a defendant may face a fine, probation, or a jail sentence. The court may also order the defendant to attend counseling or take other measures to address the underlying issues that led to the offence.
In determining whether or not to impose a jail sentence for a first-time offence of domestic assault, the court will consider the circumstances of the offence, the defendant’s criminal history, and any aggravating or mitigating factors. For example, if the offence is particularly serious and the defendant has a criminal history, the court may be more inclined to impose a jail sentence. On the other hand, if the offence is less serious and the defendant has no criminal history or an otherwise clean record, the court may be more lenient and opt for a fine or probation instead of jail.
In Ontario, a jail sentence for a first-time offence of domestic assault can range from a few days to several months, depending on the circumstances of the offence and the defendant’s criminal history. Ultimately, it is up to the judge to decide whether or not to impose a jail sentence, and the decision will be based on the facts of the case and the defendant’s criminal history.
The Early Intervention Assault Program (EIAP) in Ontario is a community-based initiative designed to reduce the risk of domestic violence and increase safety in the home. The program is aimed at providing early intervention and support to families who have experienced or are at risk of experiencing domestic violence. The program operates province-wide and is funded by the Ontario Ministry of Community and Social Services.
EIAP focuses on providing comprehensive services to families in order to reduce the risk of violence and increase safety in the home. The program offers a variety of services, including safety planning, crisis intervention and counselling, case management, outreach, and education. In addition, the program provides specialized services to victims of domestic violence, such as women-only crisis centres, shelters, and transitional housing. The program also works to increase public awareness and understanding of domestic violence, through public education campaigns and community outreach.
The programs works in collaboration with community partners such as the police, schools, shelters, and social service agencies, in order to provide comprehensive services and support to families in need.
EIAP also works to increase access to justice for victims of domestic violence by providing legal information and referrals to victims. The program is committed to providing victims with access to justice and a safe environment in which to seek help. The program has been successful in reducing the risk of domestic violence in Ontario and providing support to families in need. It has helped to reduce the number of victims of domestic violence and has increased safety in the home.
The program is successful in helping families to stay together and to create a safe and supportive environment.
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Our focus is on the representation of our client’s interests in criminal and quasi-criminal matters, in Toronto and the Greater Toronto Area.
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Domestic assault lawyer blog posts
In cases of domestic violence, an affidavit of recantation can have a significant impact on the outcome of the case. An affidavit of recantation is a sworn statement made by a witness or alleged victim in a criminal case who wishes to recant their statement, remove conditions, or advise the...Read More
In the legal system, affidavits of recantation are powerful tools used to for a variety of reasons, including having conditions removed and criminal charges resolved. These documents are sworn statements made by witnesses or alleged victims in criminal cases, to provide context or clarity to their original statements to police....Read More
Applying for a peace bond: a viable alternative to an affidavit of recantation in cases of domestic violence. In cases of domestic violence, applying for a peace bond can be an effective alternative to filing an affidavit of recantation. A peace bond is a legal agreement between a person who...Read More