One of the most common forms of violence against women in Canada is domestic assault. While men also experience violence from romantic partners, women are far more likely to be a victim. Women are three times more likely than a man to experience stalking and assault from a current or former partner. Intimate partner violence is such a common problem that is difficult for individuals to overcome and entire legal fields are dedicated to fighting and prosecuting domestic assault. The following article will explore domestic assault laws in Toronto, and Toronto legal resources that can help you with reliable information.
What is domestic assault?
In Toronto, an assault charge that is levied within the context of a domestic relationship falls under the purview of domestic assault. When an incident of violence happens between two or more people who are determined to be in a domestic relationship, the charges are all labeled as ‘domestic’ in nature. The resultant proceedings are different than what would happen with a criminal assault charge.
For example:
Person A is walking down the street at night and sees Person B coming their way. Person A pushes Person B and threatens their life. In this scenario, the charge levied against Person A is ‘assault.’
On the flipside, Person A and Person B share an apartment. They are boyfriend and girlfriend. Person A pushes Person B and threatens their life. The charge against Person A would be a domestic assault charge.
In essence, a domestic relationship must be established by the Crown in order for the charge to be a domestic assault charge.
- Husband and wife
- Common-law spouses
- Same-sex intimate partners
- Girlfriend and boyfriend
- Children and parents, including step-children, step-parents, and adopted children.
- Children and grandparents, or other family relations
Why is it critical to establish a domestic relationship?
A domestic assault charge is different than an assault charge in Toronto. Domestic issues are seen within the ‘domestic court’ and hearings are subject to different times than other criminal court proceedings.
Furthermore, domestic assault charges come with different sentencing procedures than a criminal assault charge. Toronto has adopted a ‘zero tolerance policy’ when it comes to domestic assaults. The complainant has little power over the proceedings once the police are involved. The complainant does not have the choice to press or withdraw charges. Once the authorities are involved, the charge will proceed to court.
Those accused of domestic assault have a few options they can pursue to mitigate the charge. If they were charged with a minor domestic assault and the complainant didn’t experience any injuries, the Crown will sometimes offer a bail modification so the accused can be reunited with their family. The accused would be required to enter a guilty plea and complete one of two programs. The programs focus on anger management strategies within the context of a domestic relationship.
If the accused completes the program and is given a satisfactory report, the Crown will likely request what’s called a Conditional Discharge. The Conditional Discharge means there was a finding of guilt, but it does not result in a criminal record.
Being accused of a crime is a terrifying experience. And a domestic assault charge is an incredibly serious accusation. While a Conditional Discharge may sound appealing, it’s still a finding of guilt. If you’re found guilty of domestic assault, you can experience a host of serious consequences. You may lose custody of your children if you go through a separation and divorce. Remember, once accused, the complainant cannot revoke the charge. It’s out of both of your hands.
If you’ve been charged with domestic assault, you need the assistance of a domestic assault attorney in Toronto who is experienced. Before you consider entering a guilty plea for a bail modification, get legal counsel first. It’s crucial that you are able to fight a charge as serious as domestic assault, so you aren’t deprived of your rights in the future.
