If you need the best domestic assault lawyer in Brampton, contact FMK Law today to book your free consultation. We can help you navigate domestic assault laws and provide sound legal advice.

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.

We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Assault With A Weapon and Aggravated Sexual Assault.

While our Domestic Assault services are centered in Brampton, Ontario, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington. Our experienced team is here to assist you every step of the way.

Domestic Assault Lawyer in Brampton

What is “assault”?

Section 265 defines assault as:

265 (1) A person commits an assault when


a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

In simple terms, assault occurs when someone deliberately or indirectly uses force against another person with the intention to harm them or when they attempt to or threaten to harm another person.

Assault encompasses various forms, including assault with a weapon, assault causing physical harm, aggravated assault, assaulting law enforcement officers, sexual assault, sexual assault involving a weapon, making threats to harm someone else and causing physical harm, and aggravated sexual assault.

Another important term to understand is “complainant,” which refers to the person who is alleged to be the victim in cases of domestic assault.

What Sets Apart "Domestic Assault" from Regular Assault?

“Domestic assault” pertains to allegations of assault involving individuals in various familial or close relationships, such as married partners, common-law partners, dating partners, sexual partners, siblings, children, parents, and other family members.

Domestic assault carries particular significance in sentencing, as it is categorized as an “aggravating factor.” This classification indicates the offence is more severe, leading to harsher penalties for those found guilty.

The distinction between regular assault and domestic assault is further evident through the existence of specialized courtrooms. The Ontario Courts of Justice is expected to have dedicated “domestic violence” or “intimate partner violence” courtrooms specifically designed to handle cases related to these offences.

Criminal Code Definition of Domestic Assault

Domestic assault encompasses any behaviour that leads to an unwanted use of force against your spouse, partner, family member, or individuals residing with you. The broader category of ‘domestic violence’ also includes the following criminal acts:

  1. Simple or aggravated assault
  2. Sexual assault
  3. Criminal harassment or stalking
  4. Unlawful confinement or kidnapping
  5. Any other criminal actions that result in injury or death

Understanding the Legal Process for Domestic Assault in Brampton, Canada

When an individual is charged with domestic assault in Brampton, ON, it’s essential to understand the established sequence of proceedings. 

Firstly, the police will conduct a comprehensive investigation into the incident, considering the individual’s criminal record and any relevant factors. The findings from this investigation will then be reviewed by the Crown Attorney, focusing on the specific circumstances of the incident.

The Crown Prosecutors consider these findings when determining the appropriate legal course of action:

  1. If your case is pursued as an indictable offence, you could potentially face a maximum of 5 years in prison. Additionally, you may receive a fine and be placed on probation, resulting in a criminal record that can have adverse consequences for your future.
  2. In cases where the Crown Attorney opts for a summary conviction, typically for less severe assaults, the penalties tend to be less harsh. However, even with no injuries, there is still a risk of receiving a fine or probation. If injuries were involved or you have a prior criminal record, a significant jail term is possible.

Our Brampton Domestic Assault Lawyers are here to guide you through the entire legal proceedings, ensuring the best possible outcome for your case. With their extensive experience and a proven track record of success, they strive to secure victories and prevent the establishment of a criminal record for their clients.

The Consequences of Domestic Assault in Brampton, Canada

In Brampton, ON, 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

What Affects Domestic Assault Charges in Brampton, Ontario?

The following factors are taken into consideration when determining the outcome of domestic assault cases in Brampton, Canada:

  • 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

Being Charged with Domestic Assault in Brampton, Canada

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.

Being Charged with Domestic Assault in Brampton, Ontario

If you are charged with Domestic Assault in Brampton, Ontario the experienced and passionate lawyers at FMK Law Group can defend you.

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 Brampton 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. Our criminal defence Lawyer in Brampton, ON, Fadi Matthew, is your committed legal advocate. With extensive experience in domestic assault cases and a profound understanding of Brampton criminal law, Fadi Matthew is the top choice for exceptional legal representation. 

You can rely on Fadi Matthew to guide you through your domestic assault charges and work towards securing the best possible outcome for your case.