Domestic Assault Lawyer in Oakville
Data collected by ‘Statistica’ in 2021 classified the province of Ontario as holding the highest number of domestic violence cases in Canada. ‘Statistics Canada’ reported in 2018 that 44% of women and 36% of men had reported experiencing some form of psychological, physical, or sexual violence by a partner in their lifetime.
What Is Domestic Assault?
A domestic assault occurs when two or more persons are in a relationship, and one person acts intentionally to make the other person feel like they are in imminent danger. This may include those who are married, dating, have a common-law relationship, or are family members.
Remarks or acts of intimidation can be used in domestic assaults. Additionally, acts suggesting that bodily damage may occur in the future count as an act of domestic assault. Even if no actual action was taken, but the complainant believed there was a risk of an attack, this is still considered domestic assault in Oakville.
The Consequences of Domestic Assault in Oakville
In Oakville, domestic assault is taken very seriously. Some of the consequences of this form of assault are:
- Jail time
- In addition to the offender’s criminal record
- Restrictive bail conditions
- The offender not being allowed to share a home with the victim
Police Are Required to Arrest the Offenders
Should the police have legitimate reasons to suspect a domestic attack has occurred, they are required to arrest and detain the perpetrator. This arrest is beyond the victim’s control, and the victim cannot retract the complaint.
Regarding an allegation of domestic assault, the accuser or victim may not request that the police drop the charges against the offender. Additionally, he or she may not request that the prosecutor drop the charges against the offender.
If you need help navigating domestic assault laws, contact FMK Law Group in Oakville.
Being Charged with Domestic Assault in Oakville
The accused will be fingerprinted and photographed if domestic assault charges are filed. He or she is then kept in jail pending a bail hearing.
Bail hearings take place in front of a justice of the peace to guarantee that the name of the defendant will be revealed in the courtroom at the time of the trial and that all evidence will be presented. This is also done to encourage the offender not to repeat the offence.
What Affects Domestic Assault Charges in Oakville?
The following factors are taken into consideration when determining the outcome of domestic assault cases in Oakville:
- The offender’s age (minors may be punished differently)
- Criminal history
- History of domestic assault or violence
- The accused’s background
- Any reformative action the offender took following the incident (for example, did they take an anger management class?)
- The victim’s wishes
Call FMK Law Group Today
Domestic violence charges can be severe and life-altering, so it is essential to have an experienced lawyer on your side. The lawyers at FMK Law Group have a proven track record of successfully defending clients against Domestic Assault charges in Oakville and surrounding cities.
We will work tirelessly to protect your rights and interests and will fight to get you the best possible outcome in your case.
- Call us for a FREE Consultation
- (647) 588-3234