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About BLFDomestic Assault
Although not a specific class of assault differentiated in the Criminal Code, domestic assault refers to assaults that occur within the context of a specific relationship with the complainant. An assault is considered "domestic" in nature where the complainant is a girlfriend, boyfriend, married spouse, common law spouse and even an ex-spouse.
If you are charged with domestic assault, we appreciate that you are likely going through a difficult time. These charges often result in your removal from the home and the imposition of strict no contact orders with respect to your spouse and even your children.
You need to retain counsel immediately to deal not only with the criminal charge itself, but also all of the collateral issues that will come into play.
First, and most importantly, do not contravene your no contact conditions. It is not uncommon for the complainant to try and contact you, asking you to return home or to call them. Under no circumstances should you follow this request. Even if they want contact, you are in breach of a court order. This breach routinely results in your incarceration.
Only the Court can change your release conditions, and your lawyer will know the procedures for making an application to do so. Also, don't bring your spouse to court in order to convince the Crown to withdraw charges or change no contact provisions. They will not address any of your requests and have a zero tolerance policy in such matters.
In addition to changing conditions that are disruptive to your life, our lawyers prefer to address such charges in a way that avoid trials and the damage it can do to a relationship.
Also, be aware that the complainant cannot withdraw charges. Only the Crown has the power to withdraw charges and we will exhaust this avenue of resolution before any plea is entered.
Let us navigate this situation for you and inform you of the non-criminal alternatives to such charges.