Being charged with assault is a traumatic and painful experience. Additional challenges are faced by those charged with intimate partner assault allegations as conditions are put in place by the court preventing accused persons from contacting or residing with their family members while their matters are in the process of being heard/awaiting trials. Those found guilty of intimate partner related assaults also potentially face stiffer sentences. Ranbir S. Thind is familiar with the unique challenges posed by these types of prosecutions and has experience in representing the accused persons charged with domestic assault.
Frequently Asked Questions
What is Domestic/Intimate Partner Assault?
A spousal/intimate partner assault can be defined as an assault that takes place between two people who are either currently or formerly dating or in a common law or married relationship. Where an assault takes place between two people who share one of these relationships mentioned above, the matter is labeled “domestic” and prosecuted quite differently by Crown counsel than other assault charges.
What if the person making the complaint does not wish the charge to proceed to court or to trial?
At the court stage, the Crown prosecutor will usually move forward with a prosecution in cases where there is a reasonable prospect of conviction. It is of little importance to the prosecutor that the person making the complaint does not wish the matter to proceed to trial. In domestic situations, a complainant does not have the choice to press charges or not. If a complaint of domestic violence is made, the police will arrest and charge the person accused of the offence and the Crown will likely prosecute them regardless of the complainant’s wishes to halt the prosecution.
What happens to a person charged with domestic assault and what is the new change in law about release/bail of accused charged with such assaults?
Typically, those charged with a domestic assault offence are usually held for a BAIL HEARING, whether or not they are otherwise upstanding citizens without previous criminal involvement. Those charged with domestic assault are also likely to be put on strict bail conditions restricting their contact with the complainant even if the complainant wishes to have contact with them. The accused person will also likely be required to remain away from their family residence, regardless of legal ownership, if the complainant continues to reside there. Typically, these bail conditions remain for as long as the criminal charge is before the court or otherwise modified by the judge.
A recent change in law by passing of Bill S-205 allows Crown Prosecutors to consult the accused's intimate partner and request that Electronic Monitoring Device be installed on the accused charged with assaulting the intimate partner before releasing the said accused on Bail.
If am I released, can I change my bail conditions?
It is sometimes possible to change the conditions of bail to permit contact between the complainant and the accused person or to allow the accused person to return home. The process by which a bail is amended can often be complex and costly. The bail conditions can be amended with Crown’s consent or without consent at bail review hearing by the Judge.
What is a peace bond?
Domestic assault or other assault or threats related allegations are sometimes settled by way of the accused person entering into a peace bond agreement with the understanding that the criminal charges will be withdrawn upon signing the peace bond. Agreeing to a peace bond is not a finding of guilt. However, much like bail conditions, the person who agrees to a peace bond will be required to abide by the terms and conditions of the bond until the bond expires which is usually for one year period. The obvious benefit to agreeing to enter into a peace bond is that the accused will ensure their clean criminal record is protected. The prosecutor will often require a person charged with domestic assault to enter into a peace bond before dropping the criminal charges the reason for this is to ensure that the complainant is protected even after the charge has been withdrawn.
I am trying to get a divorce and I am charged with domestic assault?
Allegations of domestic assault commonly arise in the context of divorce proceedings. Special considerations need to be taken into account when defending a domestic assault allegation when family law proceedings are occurring at the same time. Unfortunately, some family law litigants make false allegations of assault as a way to gain the upper hand in custody and divorce cases. Usually a person making the claim of assault will be permitted to have exclusive access to the home and full custody of the children until the assault matter is resolved in court. Many family law litigants are aware of this and use the police to assist them with their family law claims. Ranbir Thind will work closely with your family lawyer to ensure that your interests are protected in criminal court as well as in family court.
Why should domestic assault complainants hire a lawyer?
Once a complaint of domestic has been made, it is only the Crown prosecutor that decides whether or not criminal charges will proceed to trial. There are many ways to defend against an allegation of domestic assault without pleading guilty. Every case is different and it is important to discuss with a lawyer what options are available to you before you walk into a courtroom for the first time. Know that, as in all criminal cases, being found guilty of a charge like domestic assault can have profoundly serious consequences for your employment, immigration status, ability to travel, family, your reputation, and your freedom should you receive a jail sentence.
There is no substitute for strong, experienced legal representation when going through the criminal justice system. Call Ranbir S. Thind at 1.780.784.1295 or email us at [email protected] to arrange a consultation to discuss your situation and for a sound legal advice and representation.