Domestic Assault | What You Need to Know
If you need a domestic assault lawyer, contact FMK Law today to book your free consultation. We can help you navigate domestic assault laws and provide you with 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.
If you or someone you know has been the victim of a domestic assault, contact FMK Law Group to book your free consultation.
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.
The Consequences of Domestic Assault
In Canada, domestic assault is taken very seriously. Some of the consequences of this form of assault are:
- Jail time
- An 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 is unable to retract the complaint at this point.
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.
Being Charged with Domestic Assault
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 offense.
What Affects Domestic Assault Charges?
The following factors are taken into consideration when determining the outcome of domestic assault cases:
- 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
Need a Domestic Assault Lawyer?
Our experienced attorneys have years of experience dealing with domestic assault cases and would be happy to fight for justice on your behalf. To find out more about domestic assault or book your free consultation, call FMK Law Group by dialing 647-588-3234.