Toronto Domestic Violence Lawyer
We are experienced at defending allegations of domestic assault and other forms of domestic violence. It is critical to retain legal counsel as quickly as possible after being charged to maximize your chances of obtaining a successful result in your case. Karapancev Law can be reached through our website or over the phone 24 hours a day, 7 days a week to discuss any domestic violence accusations.
How we help our clients:
- 24/7 availability to quickly address your needs;
- We strive to return all calls and emails as soon as possible;
- Experience from hundreds of cases handled;
- A record of winning results.
What is Domestic Violence
Domestic violence involves any kind of harm or threatened harm (physical, sexual, or psychological) against a current or former spouse, co-habitant, or intimate partner. Domestic assault charges typically involve spouses but can also involve family members living within the same home.
Courts throughout Toronto and Ontario take these types of allegations very seriously and treat them differently than typical assaults. This is because it is seen as an aggravating factor when assaults are perpetrated in situations involving family members and/or trust-based relationships. When there is violence between family members, it violates this trust. Our Toronto-based law firm has significant experience defending domestic violence allegations in courts all throughout Ontario.
The Court Process
It is a common misconception that victims or complainants can simply ask for their case to be dropped. Complainants do not have the authority to withdraw a criminal prosecution. Once a complaint of domestic assault or threat is reported and charges are laid, it is no longer the complainant’s decision as to whether or not the Crown will prosecute the case. The Crown Prosecutor is responsible for the prosecution of criminal matters. This means that Crown Attorneys are the only ones who can decide whether or not to withdraw a charge.
When domestic assault charges are laid, there are also other offences that may be charged at the same time, such as uttering threats and criminal harassment. The accused may also be charged with mischief to property if any damage was caused during the alleged incident. When an individual is accused of intimate partner violence, the police almost always arrest and charge them. Once the individual is charged and processed, the Crown will usually continue with the case even if the complainant wishes to withdraw the charges.
Bail in Toronto for domestic assault charges is usually accompanied by strict conditions that you must follow. These may include court-imposed requirements, such as having a curfew or staying away from a certain area. Almost always, there are conditions that prevent the accused from having contact with the complainant until the conclusion of the case. This will typically prevent an accused person from returning to the family residence. If the couple shares children, it is not unusual for complications and difficulties to arise when it comes to custody and/or visitation
Though many domestic violence charges are brought by people who legitimately need the police, Crown, or court’s help, it is not uncommon for them to be brought for a secondary reason, such as a child custody issue, disagreement over who gets to keep the principal house, or for inappropriate leverage in a concurrent family law proceeding.
Potential Penalties in Domestic Violence Cases
Domestic violence sentences will vary greatly depending on the precise offence charged and the underlying facts asserted by the Crown. If convicted, first-time offenders who have just broken a no-contact order may face a far lesser sentence than someone with several past convictions for domestic violence or someone accused of a more serious offence like assault causing bodily harm. Domestic crimes are usually always sentenced more severely than comparable crimes committed outside the home. Offences against intimate partners are considered aggravating under both the common law (judge-made law) and the Criminal Code.
If you’re convicted of domestic violence-related offences and subject to probation, you may be required to stay away from the complainant or victim for a certain period of time, subject to potential exceptions. Regardless of the circumstances, a domestic criminal offence could prevent you from coming home and being with your family. A criminal charge carries the risk of a criminal record as well as the possibility of a jail sentence.
A Powerful Defence
When accused of intimate partner violence, the prospect of a positive resolution can seem bleak. It is in situations like these that having an experienced lawyer is essential. It is for this reason that many lawyers and former clients refer individuals to us in Toronto, Brampton, Newmarket, and all throughout Ontario.
Our defence strategy is based on a comprehensive analysis of your case. We will examine your charges and the evidence that has been gathered against you. We will hold the Crown to their burden of proof and explore all options for securing a successful result in your case.
Our Past Results
R. v. J.A.: The client was charged with assault with a weapon and uttering threats, and domestic assault due to a complaint made against him in Toronto. Midway through the trial, the Crown asked for the charges to be withdrawn due to a lack of a reasonable prospect of conviction.
R. v. J.M.: The client was charged with assault, assault with a weapon, and breach of recognizance. The complainant reported the incident to Toronto police on the same day, and they took photos of injuries on her body, including bruising and a clear gash mark on her neck. The client had a criminal record but was adamant that he did not assault her and only acted in self-defense. After a vigorous cross-examination of the complainant and civilian witness, the client was acquitted of all charges.
R. v. R.F.: The client was charged with assault, forcible confinement, uttering threats, and other domestic-related charges in Orangeville. After thorough negotiations with the Crown and the client completing some up-front work, all charges were withdrawn.
R. v. O.A.: The client was charged with two distinct sets of offences stemming from his relationship with his ex-girlfriend. One was an alleged domestic assault, while the other involved a rape. The defence position was that this was an untruthful complainant with motivations to fabricate these claims. The domestic assault case was scheduled for trial, and the sexual assault case was scheduled for a preliminary hearing. Ultimately all charges were withdrawn.
R. v. V.G.: In Hamilton, the client was charged with domestic assault and assault with a weapon. All charges were withdrawn on the day of the trial.
R. v. O.H.: The client was charged with assault with weapons-related charges stemming from an alleged domestic incident in Toronto. In addition to its witness, the Crown adduced the alleged knife used in the incident. The defence vigorously cross-examined the witness. At the close of the defence’s case, the Prosecution conceded that they could not win the trial and invited the judge to acquit the client.
R. v. A.K.: The client was charged with assault with a weapon, utter threat, and mischief under $5000. It was alleged that he pushed his pregnant girlfriend, threatened her, and broke her property during a dispute. The client was not a Canadian citizen and could not afford to get a criminal conviction. After thorough negotiations with the Crown, a resolution was agreed to, which led to the withdrawal of his charges.
R. v. M.B.: The client was charged with assault and fail to comply with release order. The defence undertook its own investigation and was able to gather evidence to prove that the accused did not intentionally breach his release order. Through negotiations with the Crown, all charges were withdrawn.
Disclaimer: Past results are not necessarily indicative of future results. Every case is unique.