Toronto Domestic Assault Lawyer
At Karapancev Law, we have extensive expertise defending domestic assault allegations and various sorts of domestic abuse claims. It is imperative that you seek legal counsel as soon as possible after being charged to increase your chances of securing a favourable outcome. To assist with this, Karapancev Law can be contacted 24 hours a day, 7 days a week via our website or by phone to discuss any allegations of domestic abuse.
We assist our clients in the following ways:
We are available 24 hours a day, 7 days a week to respond to your needs;
We make every effort to return all calls and emails as quickly as possible;
Extensive experience with domestic violence offences;
A track record of success.
What is Domestic Assault
Domestic assault is regarded as the use of force against members of the same residence, as well as current or former intimate partners, without their consent. While domestic violence is not a separate crime from simple assault, it is considered an aggravating factor in sentencing and can result in higher penalties. Unlike simple assault, domestic violence charges against a victim are rarely abandoned by the prosecution.
The Court Process
It is a widespread myth that victims or complainants can simply request that their case be dismissed. However, the reality is that complainants do not have the power to stop a criminal investigation. Once the incident has been reported and charges have been laid, it is no longer the complainant’s decision whether or not the Crown will pursue a domestic assault or threat case. Criminal prosecutions are the responsibility of the Crown Prosecutor. This means that only Crown Attorneys have the authority to decide whether or not a charge should be withdrawn.
When domestic assault charges are filed, further offences such as uttering threats and criminal harassment may also be filed. Additionally, if any property was damaged during the alleged event, the offender may be charged with mischief to property. When someone is suspected of domestic abuse, they are nearly always arrested and charged by the police. Even if the complainant wishes to drop the allegations after the individual has been charged and processed, the Crown will normally proceed with the case.
Bail for domestic abuse charges in Toronto is frequently accompanied by stringent conditions that must be followed. These could include court-ordered restrictions such as a curfew or a prohibition from a specific region. Almost always, there are restrictions prohibiting the accused from communicating with the complainant until the matter is resolved. This usually prevents an accused person from returning to his or her family’s home. This can result in additional complications surrounding custody and/or visitation if the couple have children together.
Though many domestic assault charges are brought by people who legitimately require the assistance of the police, it is not uncommon for them to be brought for a secondary reason. For instance, individuals may be trying to get the upper hand in a concurrent family law proceeding, such as a child custody dispute or dispute over who gets to keep the main house after a separation.
Defences to Assault Allegations
Assault charges can be defended in a number of ways. The following are some common defences:
The credibility of the complainant: Assault allegations are sometimes exaggerated or fabricated. The allegations against you may be dismissed if the complainant’s credibility is impeached or contradicted by other evidence, such as witness testimony, video footage, and/or phone and electronic data.
Self-defence: Everyone has the right to defend themselves. If the alleged assault was actually a justifiable act of self-defence, the person is not guilty of assault.
Consent: Prosecutors must prove that the defendant acted without the complainant’s consent in order to obtain an assault conviction. If the alleged victim provided their consent, such as in the case of a mutual fight, assault charges may be dismissed as long as no bodily harm was caused.
Of course, the burden of proof is always on the prosecution. If prosecutors do not have enough evidence to substantiate their charges, the charges should be dismissed.
A Strong Defence
When you have been accused of domestic assault, the likelihood of securing a positive outcome can seem grim. It is critical to have an experienced lawyer by your side. We have successfully defended clients in Toronto, Brampton, Newmarket, and across Ontario.
Our defence strategy is founded on a thorough examination of your case. We will examine your charges as well as the evidence collected against you. We will hold the Crown to their burden of proof and look into all avenues for securing a favourable outcome in your case.
Our Past Results
R. v. H.Y.: In a domestic assault trial in Toronto, the Crown adduced witness evidence about the complainant having alleged injuries following the incident. The defence’s theory was that the complainant was the aggressor and that any injuries were the result of self-defence. The cross-examination of the complainant uncovered many inconsistencies, and the crown asked the charges be dismissed.
R. v. J.A.: Due to a complaint filed against him in Toronto, the client was charged with assault with a weapon, uttering threats, and domestic assault. The Crown requested that the charges be dropped midway through the trial due to a lack of a reasonable chance of conviction.
R. v. J.M.: Th client was charged with assault, assault with a weapon, and breach of recognizance. On the same day of the alleged incident, the complainant reported the event to Toronto police, who photographed her injuries, which included bruising and a distinct gash mark on her neck. Although the client had a criminal record, he insisted that he did not assault her and was simply acting in self-defense. The client was acquitted of all allegations after a successful cross-examination of the complainant and civilian witness.
R. v. R.F.: In Orangeville, the client was accused of assault, forcible imprisonment, uttering threats, and other domestic-related offences. All charges were withdrawn after extensive negotiations with the Crown and the completion of some upfront work by the client.
R. v. O.A.: The client was charged with two sets of charges related to his relationship with his ex-girlfriend. One included a rape, while the other involved a domestic assault. The defence argued that the complainant was lying and had ulterior motives for fabricating these charges. The sexual assault case was set for a preliminary hearing, while the domestic assault case was set for a trial. All charges were eventually withdrawn.
R. v. V.G.: Domestic assault and assault with a weapon were filed against the client in Hamilton. On the day of the trial, all charges were withdrawn.
R. v. O.H.: A domestic dispute has resulted in the client being charged with assault with a weapon. The Crown also introduced the purported knife used in the event, in addition to its witness. The witness was thoroughly cross-examined by the defence. At the conclusion of the defence’s case, the prosecution admitted that they would not be able to win the case and requested that the judge acquit the client.
Disclaimer: Past results are not necessarily indicative of future results. Every case is unique.