The Consequences of a Domestic Violence Charge in Ontario

Domestic violence charges in Ontario are taken very seriously by the courts and law enforcement. These charges can have far-reaching consequences, not only in terms of legal penalties but also on your personal and professional life. If you are facing a domestic violence charge, it is critical to understand the legal process, the potential penalties, and the long-term impact of a conviction. This comprehensive guide will explain what domestic violence is, the legal process involved, the consequences of a conviction, and the importance of building a strong defence.

What Constitutes Domestic Violence in Ontario?

Domestic violence refers to violent, threatening, or abusive behaviour that occurs within a domestic or intimate relationship. This can include physical violence, abuse, threats, harassment, and control. Under Ontario law, domestic violence charges can be laid even if no physical injury occurs; threats or attempted harm can be enough to warrant charges.

Domestic violence cases can involve a wide range of behaviours, including:

• Physical Assault: Any form of physical harm or violence, such as hitting, slapping, pushing, or choking.
• Verbal Threats: Threatening to harm the victim or their loved ones.
• Harassment: Repeatedly contacting or following the victim, causing them to feel fear or distress.
• Sexual Assault: Forcing or attempting to force someone into unwanted sexual activity.
• Confinement: Intimidating or controlling a partner restricting their movement, such as isolating them from family and friends or not allowing them to leave the home.

The accused and the victim may be married, common-law partners, dating, or even former partners. Domestic violence charges can be laid regardless of the current status of the relationship.

The Legal Process for Domestic Violence Charges in Ontario

If you are charged with domestic violence in Ontario, the legal process typically unfolds as follows:

1. Arrest and Charges: When police are called to a domestic violence situation, they often make an arrest, particularly if there is evidence of physical harm or a threat to the victim. Even if the victim does not wish to press charges, the police can still proceed with the arrest if they believe a crime has occurred. Once arrested, you will be charged with the appropriate criminal offence, such as assault, harassment, or uttering threats.
2. Bail Hearing: After your arrest, you will be held in custody until a bail hearing is conducted. During the bail hearing, the judge will decide whether to release you on bail and under what conditions. Common bail conditions in domestic violence cases may include no-contact orders, geographical restrictions, and prohibitions on returning to the family home.
3. No-Contact Orders: One of the most common conditions of release in domestic violence cases is a no-contact order, which prevents you from contacting the victim in any way. This includes phone calls, emails, social media, and third-party contact. Violating a no-contact order is a serious offence and can result in additional charges.
4. Trial or Resolution: If you plead not guilty, your case will proceed to trial, where the Crown prosecutor will present evidence, and your defence lawyer will challenge that evidence. If you plead guilty or if a plea deal is negotiated, your case may be resolved without going to trial, though a guilty plea will result in sentencing.

The Consequences of a Domestic Violence Conviction

A conviction for domestic violence in Ontario can result in serious legal and personal consequences. These can include:

1. Criminal Record: A domestic violence conviction will result in a criminal record, which can have long-term implications for your employment, travel, and ability to obtain housing. A criminal record may make it difficult to find work in fields that require background checks, such as healthcare, education, or law enforcement.
2. Imprisonment: Depending on the severity of the offence and whether it is a first-time or repeat offence, a domestic violence conviction can result in a jail sentence. For minor cases, the sentence may range from a few months to two years, while more severe cases, such as those involving physical injury or weapons, can result in much longer sentences.
3. Fines and Probation: In some cases, the court may impose fines or probation as part of your sentence. Probation typically involves regular check-ins with a probation officer and compliance with conditions such as attending anger management or counselling programs.
4. Restraining Orders: The court may issue a long-term restraining order, prohibiting any contact with the victim. This can impact your ability to see your children, enter your home, or maintain relationships with family members.
5. Impact on Custody and Access to Children: A domestic violence conviction can significantly affect child custody and access arrangements. Courts are highly concerned with the safety and well-being of children, and a conviction may result in restricted access, supervised visits, or even a loss of custody.
6. Firearm Restrictions: If convicted of domestic violence, you may lose the right to own or possess firearms. This restriction can be permanent in cases involving violent offences.
7. Deportation for Non-Citizens: If you are a non-citizen living in Canada, a domestic violence conviction could result in deportation or inadmissibility to Canada, preventing you from becoming a permanent resident or citizen.

The Long-Term Effects of a Domestic Violence Conviction

In addition to the immediate legal penalties, a domestic violence conviction can have long-term consequences that affect various aspects of your life:

1. Damage to Reputation: A domestic violence conviction can tarnish your personal and professional reputation. You may face social stigma, strained relationships with family and friends, and difficulty finding employment.
2. Travel Restrictions: A criminal record for domestic violence may make it difficult to travel internationally, particularly to countries like the United States, which often deny entry to individuals with certain criminal convictions.
3. Financial Impact: In addition to potential fines, a domestic violence conviction can have financial repercussions if it results in job loss, reduced employment opportunities, or legal fees associated with ongoing court proceedings.
4. Limited Access to Housing: Some landlords may refuse to rent to individuals with a criminal record, especially those with a history of violence, which can make it challenging to find housing after a conviction.

Defending Against Domestic Violence Charges

If you are facing domestic violence charges, building a strong defence is crucial to protecting your rights and minimizing the impact of the charges. Some common defences against domestic violence charges include:

1. Self-Defence: If you acted in self-defence to protect yourself from harm, this may be a valid defence against domestic violence charges. Your lawyer will need to provide evidence that your actions were necessary to prevent injury to yourself or another person.
2. False Accusations: In some cases, individuals may be falsely accused of domestic violence due to personal disputes, such as in cases of divorce or child custody battles. Your lawyer can work to uncover inconsistencies in the accuser’s story and present evidence that the allegations are unfounded.
3. Lack of Intent: If the alleged act of violence was accidental or unintended, your lawyer may argue that you did not have the intent to commit a criminal offence.
4. Challenging the Evidence: Your defence lawyer can challenge the credibility of the prosecution’s evidence, including witness testimony, physical evidence, or statements made to law enforcement. In some cases, there may be insufficient evidence to prove guilt beyond a reasonable doubt.

How De Boyrie Law Can Help

Facing domestic violence charges in Ontario is a serious matter, and having an experienced criminal defence lawyer on your side is essential. At De Boyrie Law, we understand the complexities of domestic violence cases and the impact they can have on your life. Our team is committed to protecting your rights, building a strong defence, and guiding you through every step of the legal process.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is facing domestic violence charges, contact De Boyrie Law today to schedule a free, confidential consultation. We will review your case, explain your legal options, and work tirelessly to achieve the best possible outcome for you.