Legal Guide

Domestic assault in Canada

In Canada, assault charges involve the use of force against an individual and can even include threatening to use force.

These cases can include pushing, hitting or poking or even a simple gesture implying harm with no physical contact. If it makes the other person feel in danger, there could be a case for assault.

Domestic assault is a unique charge that alleges force was used on someone in the same family. These are situations where a dispute becomes heated and someone calls in the police.

Unfortunately, family fights can become murky when the police are called in and assault charges are laid. Sometimes what happens is that a dispute between a couple occurs and the situation escalates, resulting in charges being laid against one of the individuals.

This can happen when one of the individuals calls on the police for protection with no intent on laying charges. However, what many people in these situations don’t realize is that the police can still charge the alleged assailant without the alleged victim’s support.

Though the parties may not wish to pursue assault charges, prosecutors have the right to go ahead with charges regardless.

Domestic assault accusations are taken very seriously by those in law enforcement. If there is any perceived risk of future violence, the courts are more likely to apply no-contact conditions.

We have seen situations where the couple is no longer able to live together because of the court case before them. There will often be stipulations of no-contact between the parties while the case makes it way through the court system.

If there are children living in the same residence as those having the dispute, it can further complicate matters. The result is unnecessary tension and division within a family and can even cause relationships to disintegrate.

But it doesn’t have to be this way.

Our firm has worked with many clients to resolve their domestic assault cases in a reasonable, and cost-effective way. Let us help you get your family back together.

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