The justice system treats Domestic Assault very seriously. Police who receive a call about a possible Domestic Assault will generally arrest all individuals who appear to be involved and ask questions later.
The Crown Attorney will likely proceed with charges, even if the complainant wishes to have the charges dropped.
Furthermore, being released on bail may be difficult, and even if you are released, you may be required to obey strict conditions that may include limited contact with family members, including your children.
Being convicted of Domestic Assault can have negative consequences on divorce or child custody cases.
What is Domestic Assault?
Domestic Assault does not appear in the Criminal Code. It is an Assault or a Sexual Assault of one’s spouse or partner or one’s former spouse or partner.
For more information on particular types of Assault, please click on one of the following links:
Criminal Assault (s. 265)
Assault with a Weapon (s. 267)
Assault Causing Bodily Harm (s. 267)
Aggravated Assault (s. 268)
Sexual Assault (s. 271)
What is the Potential Sentence if you are Convicted of Domestic Assault?
The range of sentence for a Domestic Assault will depend on the facts of the situation. Please see the chart below for the maximum sentences for various Assaults and Sexual Assaults.
However, it is important to be aware that the fact that the assault took place within a romantic relationship will be considered an aggravating factor, which is a factor that will generally lead to a higher sentence.
The maximum sentences for various assaults are as follows:
Criminal Assault (s. 265) 5 years imprisonment
Assault with a Weapon (s. 267) 10 years imprisonment
Assault Causing Bodily Harm (s. 267) 10 years imprisonment
Aggravated Assault (s. 268) 14 years imprisonment
Sexual Assault (s. 271) 10 years imprisonment
Sexual Assault with a Weapon (s. 272) 14 years imprisonment
Sexual Assault Causing Bodily Harm (s. 272) 14 years imprisonment
Aggravated Sexual Assault (s. 273) life imprisonment
How Can DUVADIE Law defend against a Domestic Assault Charge?
If you are charged with Domestic Assault, a lawyer at DUVADIE Law will carefully consider the facts of your case to determine the best ways to defend against the charges.
As Domestic Assault charges often involve questionable evidence, DUVADIE Law will mount a strong challenge of Crown witnesses’ testimony.
Furthermore, some of the defences that may be available to you include:
- mistaken belief in consent;
- defence of another person; and/or
- defence of property.